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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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devildog2061

Statement Of Case

Question

I just received a SOC from my 2 DRO Review appeals.

1. Increase of PTSD, currently rated 50%

2. File for IU

I'm currently rated at 80%...

60skin, now 50 PTSD, 10 ankle, 10 tinnitus

I was increased to 50% PTSD on appeal 1, but denied IU....on appeal 2.

The reason for the denial of IU states that I have not been found unabled to secure or follow a

substantially gainful occupation as a result of service connected disabilities.

My question is can I submitt additional evidence prior to going to the BVA. I have an outside

Psychologist willing to write an IMO for me. I would hate to have to wait 4+ years...

Would this help ?

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Yes, you can submit new evidence and you can ask for another personal hearing before you get in line at the BVA. You want an IMO that states definitely that you cannot work due to PTSD and any co-morbid conditions. It will probably take a year to get your claim certified to the BVA. You could win it in that time at the VARO if you have the right evidence. I was 70% for mental condition and denied TDIU. I got IMO's and won TDIU at the VARO. I kept asking for personal hearings and/or reconsiderations based on new evidence.

John

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Do you have a recent record of work history on your tax returns? (1099s)

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I haven't worked since 2006. I am currently receiving SSD benefits for a combination of

PTSD(service connected) and back(non service connected)....

The VA is using my back condition against me, saying this Is the primary reason why I'm

Receiving SSD, when the award clearly states them both.

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I agree with John, then. You need an IMO that ties your inability to work to your service conditions.

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DDog

The VA did the same sort of thing to me even though I had 70% and was on SSD. You do need the IMO to separate your SC conditions from NSC conditions and to say your SC conditions are the entire reason you can't work. Your IMO needs to dissect the SOC and rebutt everything the VA says about your being IU due to NSC reasons. We are all in the ballpark but the VA is good at dirty business.

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