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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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  • Most Common VA Disabilities Claimed for Compensation:   

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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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Greg88

Picked Up A Copy Of C&p Exam.

Question

So I went to the VAMC where I had my C&Ps done for Diabetes, basically the examiner stated the my diabetes and peripheral neuropathy stopped me from working, examiner noted the severity of the peripheral neuropathy. One of the reasons I received 100% 14 years ago was because of the hypoglycemic unawareness I suffer from (type 1 diabetic for 36 years) the examiner did note that my blood glucose was 48 which is considered severe hypoglycemia, but the DBQs do not mention this little problem which causes a lot of seriuos problems for long term diabetics. On Ebenefits my status went from gathering evidence to preparing for notification in 5 days. The 2 DBQs that the examiner did were very strong in some case's but a little weak (in my mind) in others. The two exams were 26 pages long and very depressing according to my wife, the diabetes criteria for 100% is very ambiguous to begin with here is the criteria :

7913 Diabetes mellitus Requiring more than one daily injection of insulin, restricted diet, and regulation of activities (avoidance of strenuous occupational and recreational activities) with episodes of ketoacidosis or hypoglycemic reactions requiring at least three hospitalizations per year or weekly visits to a diabetic care provider, plus either progressive loss of weight and strength or complications that would be compensable if separately evaluated 100%

I take 7 shots a day (all the DBQ say is more than 1 shot a day) my diet is stricty regulated (nothing in the DBQ) examiner does say restricted work and recreational in the DBQ. The episodes of hypoglycemia hospitalizations is way down since 2006 since I started using a Glucagon emergency kit, when my sugar goes low, I pass out (2-3 times a month), my wife gives me a shot of Glucagon I wake she gives me sugar (I can't afford the ambulance rides anymore in my area it's $200 to 300 dollars a pop. My DAV SO is basically useless at this point, I asked if they want me to fax the copy of the C&P, no we will wait for the decision is all they say. I have letters from my private MD and a filled out DBQ from him, the examiner took them and MRs, what does the VA rater take into account just the C&P or everything that they have, it's hard to get a straight answer.

Greg

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"what does the VA rater take into account just the C&P or everything that they have, it's hard to get a straight answer."

“Title 38: Pensions, Bonuses, and Veterans' Relief

CHAPTER I: DEPARTMENT OF VETERANS AFFAIRS

PART 4: SCHEDULE FOR RATING DISABILITIES

Subpart A: General Policy in Rating

4.6 - Evaluation of evidence.

The element of the weight to be accorded the character of the veteran's service is but one factor entering into the considerations of the rating boards in arriving at determinations of the evaluation of disability. Every element in any way affecting the probative value to be assigned to the evidence in each individual claim must be thoroughly and conscientiously studied by each member of the rating board in the light of the established policies of the Department of Veterans Affairs to the end that decisions will be equitable and just as contemplated by the requirements of the law. “

http://cfr.vlex.com/...idence-19774393

The VA might correctly disregard anything that is not probative to a claim, as evidence.

You have probative evidence.

If the VA fails to properly consider evidence, a claimant can ask them to CUE themselves.

It is an unusual method of attacking an erroneous decision and I had success with that approach.most recently this past December.

However, that approach depends on MANY things regarding the entire claim situation.

In probaby most of all decisions, VA uses the evidence the have and the appeal process helps get that evidence weighed properly if the claimant disagrees.

"Every element" in the regulation, includes SSDI records if probative to the claim and if VA is aware of a SSDI award, potential Voc Rehab records, medication profiles, private medical records, buddy statements, and,in my claims, EEOC documents and other legal evidence info was probative to my claims.

And of course any IMOs you have that support the claim.

In VA decisions, the VA's List of Evidence has to be carefully compared to what a claimant has sent to them.

In some cases the VA will have ignored or 'misplaced' the most probative evidence a claimant has sent to them.

By re -sending that evidence in response to a SOC , sometimes that can stave off a very long appeal period.

Evidence is only useful if the VA has it.

Over the years I have seen here a few cases whereby the veteran sent the VA too much rhetoric and not enough concrete factual evidence.

VA claims are in essence just like a civil law suit. And if a claim does get to the BVA, a lawyer will decide it, reading the evidence,in my opinion, far better than they often do at the regional level.

Your evidence is probative to a diabetes claim but I don't understand specifically what you are claiming.

I assume your claim is for SMC due to complications of the SC 100% diabetes that were not part of the original 100% award?

Edited by Berta

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You know even if the VA fails to evaluate or consider probative evidence in a claim you may not win the substance of your CUE. You must show that, but for the evidence that was not considered the outcome of the rating would have been different. This is where it gets sticky.

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Hi everyone thanks for the answers, the funny thing is I was declared 100% with a lot less evidence then I presented at this C&P, my condition is a lot worse these days than 15 years ago. I'm wondering if the gathering of evidence to prep for notification means that the VA realizes that people who have Type 1 diabetes don't recover and become "employable" and recovered after this amount of time.

Greg

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Berta, I'm sorry I got side tracked in my response and did not answer your question, my DAV SO told me after I missed a C&P exam (that he told me was a mistake and would not take place) that the VA was thinking of reducing my disability from 100% to 0%, I never received any notification of this by mail or anything else. So my paranoia is a little up at this point, I'm just wondering if there going to try to reduce my rating, reading how they lose MRs and statements from vets does not help to alleviate my fears at this point. According to the examiner I have everything I had in 1997, for this exam they also got a letter from private MD who is a respected MD, the VA has concrete proof, but somehow I keep wondering if they will screwup. Actually at this point the main thing is they never mention the permanence of my condition, every letter mentioning my diabetes say that the rating is not permanent, so I keep wondering.

Greg

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When did you miss this exam?

VA is only to happy to propose a reduction , when a vet misses a C & P exam,without good cause.

" I have letters from my private MD and a filled out DBQ from him, the examiner took them and MRs, what does the VA rater take into account just the C&P or everything that ...."

I am lost here, maybe this private medical info, if current and if they have it , could alleviate the need for the C & P exam you missed.

Still I agree with the DAV SO that ,although I don't know how he can really know if the VA is 'thinking' of a reduction,

he certainly told you what could sure possibly happen here.

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