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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

Just Curious

Question

So I had my C&Ps in Sept. (I'm Diabetic Type 1 for 36 years) this was the 1st C&P in 15 years for Diabetes and it's complications, I've been 100% for 15 years. C&P generally agreed with everything my private MD had put down on the Diabetes DBQ that I had fill out. My claim was sent from NY to Nebraska for a "Review" on Oct 2, and was closed on the 26th, it was sent back to NY and now is in a new claim 'Rating Review", I called the 800 number and was told the decision was made and I should see something in the mail. I know Ebenefits is sketchy at best and I'm wondering if the 800 number just basically tells you whatever will get you off the phone. I'm just curious about how long after they make the decision, that they mail you something.

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I know Ebenefits is sketchy at best and I'm wondering if the 800 number just basically tells you whatever will get you off the phone. I'm just curious about how long after they make the decision, that they mail you something.

Yes

VBA has no timeframes that they must reply within.

We find out when we finally get either the $$ or the decision.

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So I checked Ebeneifits and see that the the original claim went from Pending decision approval to Gathering of Evidence, if though the 1-800 number told me the decision has already been made, it also says that a development letter has been sent, but nothing as of yet. It seems that Ebenefits is really out of the loop as far as whats really going on.

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Greg

For people who can accurately predict "when the VA will do something", becoming a billionaire on the stock market would be a breeze.

I would estimate that at least 40% of the questions on this and other VA websites involve "when" the VA will do something. The answer to that has always been elusive.

The VA has 3 "deadlines" and all of these are ones the Veteran must meet and none of them that are required of the VA:

1. The Veteran must file a NOD to his RO decision within a year.

2. To keep the appeal alive, the Veteran must respond to the VA's SOC within 60 days.

3. Finally, if the Board of Veterans Appeals denies you, you have 120 days to appeal.

That's it. I can assure you, that the VA requires Veterans STRICTLY ADHERE to these deadlines. On the other hand, the VA can take as little as 4 months to process your claim, or, it can be a decade or more. The VA even had "special procedures" for claimants due MORE THAN 10 years of Retro, that has since been "struck down" by the courts. You can read about it here:

http://thomasandrewslaw.blogspot.com/2010/08/macklem-eap-equals-cue.html

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So I called the 1-800 number and was told that the Regional office wants to see the Medical Records I submitted during my C&P exam, I asked what about the decision that was already made the response was "no decision was ever made" Ebenefits now has me listed as Gathering Evidence. I called DAV, did not get an SO, the receptionist is checking the computer and trying to make sense of things. I guess the only way to get a straight answer at this point is to go down to the Regional Office and ask questions.

Edited by Greg88

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Greg, were u 100 % for your DM 1 ? Were you claiming SMC and needed an increase in your other percentages to have the 60% needed plus the 100 % ?

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