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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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Recently, I posted information pertaining to a claim that was granted by the Board of Veterans Appeals after eight long years. However, at this time I have not received any additional information regarding the processing of the claim by the Regional Office other than I received a call from the Attorney(on 4/12/2012) who represented the claim to say that he had been in touch with the Regional Office and that they should hear something from them within the next thirty days.(I sure hope so). Anyway, one of my questions that I would like to ask is that in 2007, I file a claim for Indivdual unemployability and it was denied for the following reason(s): According to VA, a review of the medical evidence received shows that you are unemployable due to your nonservice connected disabilities of multiple sclerosis, affective mood disorder, and retinal detachment defects. Therefore, entitlement to a total evaluation based on unemployability is denied. Further states that entitlement to individual umeployability is denied because the claimant has not been found unable to secure or follow a substantially gainful occupation as a result of service connected disabilities. The veteran is considered unemployable due to nonservice connected factors. My first question is if I refile for unemployability since the Board of Veterans Appeals has granted service connection for the issue(s) that I was initially denied for as not being service connected by The RO and the one year time for appealing their decision has expired, but in light of the new evidence that I have(which is service connection granted) is it possible to appeal the original date that the claim was originally submitted for Individual unemployability. Also, I have been receiving SSDI since 2004 for my condition(multiple sclerosis-heavy steroid use resulted in the high blood glucose, in turn caused retinal damage) and depression associated with the multiple sclerosis. My second question is: Should I go ahead and re-file for the Individual Unemployability and file for my secondary conditions or should I wait until an initial rating is assigned on the pending claim? Any help is greatly appreciated. Thanks in advance,

Bluehen

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since you missed the dead line I am not sure if they will go back unless you fight it becuase of them not rating it...you should have filed another appeal but,

wait for the Rating...so you have you illness on paper... then make the conection to the secondary symtoms, get them acknowledged and rated.. THEN go for unemplotability. or if your lucky they will do it in the rating process.

Good Luck!

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You dont want to appeal anything until you get your decision, along with the "reasons and bases". You see, when you appeal, you normally attack the "reasons and bases" because if you can refute those reasons, then they should have to award benefits and not come up with new "reasons and bases" for denial.

This being said, have you checked e benefits to see your rating? It wont help your appeal, but it may make you feel a little better knowing what the percentage is. Look at your ab8 letter, as well as your payment information on ebenefits.

Also, some have said they get the money deposited before they get the letter, so check your bank frequently, especially if you have online access to your banking information.

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  • HadIt.com Elder

Jazz 991-I suggest you ask this in the Claims Research forum.

Your profile says no SC percentage yet.

The ratings are determined by the VA Schedule of Ratings here at hadit on the main forum page.

Are you the same vet who was facing an MEB situation sometime ago?

What was the result of that?

Edited by Berta
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Jazz 991-I suggest you ask this in the Claims Research forum.

Your profile says no SC percentage yet.

The ratings are determined by the VA Schedule of Ratings here at hadit on the main forum page.

Are you the same vet who was facing an MEB situation sometime ago?

What was the result of that?

Correct, the MEB came back with a return to duty but I now have a DC of 7020 from the MEB for Cardiomyopathy with a AICD.

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