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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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ron68

Mental Health Exam

Question

hi all i have a question in regards to a mental health exam i am sc for asthma with sleep apnea i put in for depression as secondary there is alot of information on the internet that connects the two, but will the va c&p doctor connect them or do i need a medical opinion from a outside source. thanks i have ben seen for my depression by a private source.

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My two cents: Will the VA C&P Doctor connect your secondary contention (depression) to your SC issue(s) - they may and they may not. In a perfect world they would, but all one needs to do is read a few posts by our fellow vets to find that dealing with the VA is far from a perfect world. I learned from reading other vets experiences in dealing with the VA, specifically C&P exams, to leave nothing to chance (hoping VA Doc provides a Nexus or a fair medical opinion/exam). The appeal process is a very long one, sometimes the appeal process can be averted with an IMO/IME prior to that first rating/upgrade. Thanks to the vets who went before me, I was ready with IMO's/IME's . Hadit.com provides very good information on what is required in an IMO and this information should be given to the Dr. you are requesting one from - unless this person is extremely experienced in writing them for the VA. http://www.hadit.com/imo_nexus_letter_by_dr_bash.html

Some wait until they receive the results of the C&P exams (which do not automatically get sent to the vet - they must be requested from vet's Regional Office by the veteran if the exam was done by an outside source (contractors of the VA such as QTC etc) or from the VA Hospital/Clinic if done by the VA) to see if an IMO is needed. The benefit of the doubt rule is very important and should never be forgotten:

Evidence relating to a veteran’s claim is subject to the “benefit of
the doubt” rule, codified at 38 U.S.C. § 5107(b) as follows:



The Secretary shall consider all information and lay and
medical evidence of record in a case before the Secretary with respect
to benefits under laws administered by the Secretary. When there is an
approximate balance of positive and negative evidence regarding any
issue material to the determination of a matter, the Secretary shall
give the benefit of the doubt to the claimant.

Hoping the best for you ron68 - thanks for your service.

Edited by USMC5811

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