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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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vet2010

Tdiu

Question

I am awarded 100% Sc however if VA for some reason reduce my claim to say 70%, can I immediatly file for TDIU? if so how long and what are the critieriasto file?

vet2010

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I'd like to address why you believe your rating will be reduced ...

Do you have reason to believe that the VA will propose to reduce one or more of evaluations sometime in the future? Do some of your issues on your Rating Decision have a statement similar to: ... as this condition may improve, a future examination has been ordered ?

Is there a statement somewhere on your Rating Decision or notification letter to the effect of his rating is permanent and total ? Note: despite this statement, permanence really doesn't exist until that magic 20 year point (other than amputations, LOU, etc). ref: 38 CFR 3.951(b) http://www.benefits....ART3/S3_950.DOC

FYI, the rule on reexaminations is 38 CFR 3.327 http://www.benefits....ART3/S3_327.DOC .

The rule on Revision of Decisions for compensation is at 38 CFR 3.105(e) http://www.benefits....ART3/S3_105.DOC .

The rule on Reductions and DIscontinuances (Veteran) is at 38 CFR 3.501(g)(2) http://www.benefits....ART3/S3_501.DOC

Note: I cannot provide a citation at the moment to support the following, but ... an evaluation based on a re-examination if the reexamination findings are the same as were used to assign the original rating. (yeah, I know, that was really badly written). What I'm trying to say, I guess, is that if a particular medical finding(s) was/were used to support a particular evaluation (even if over-generously), and that the same finding(s) existed on re-examination, I can't propose a reduction. (that wasn't much better, but I hope you get my drift).

I am awarded 100% Sc however if VA for some reason reduce my claim to say 70%, can I immediatly file for TDIU? if so how long and what are the critieriasto file?

vet2010

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VBM says a 100% vet who is reduced should be considered for IU before they lose the 100% pay rating.

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I am worried about two ratings that were awarded to me and you're exactly right it states " as this condition may improve, a future examination has been ordered ". I retired 31 Oct 2010 and I cannot work however I don't want VA to reduce my claim for any reason. The two I am worried about is, a) Depression, and b) Prostatis, both of these conditions have worsened since my retirment and I was never prescribed meds for either condition while on active duty. Since retireing I am now prescribed Zoloft for depression and a host of other meds for my Prostate. What should I expect, how soon and basically what do yall think?

thanks

vet2010

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It's still early in the game but, keep taking your meds, keep all appointments especially for depression and prostate treatments, and if you feel the depression has not gotten better or worse, always express that at your appointments. Even if the appointment is for a blood test, Ya never know what will get written down - when & where.

Try and relax and enjoy your retirement, you have certainly earned it. I like playing video games sometime. They are really cool now and helps keep my mind off of my chronic pain conditions and depression too.

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If you awarded 100% and these two condtions are getting worse I don't think you will be reduced.

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