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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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Confusion99% - New Member Needing Help


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I just returned from the Veterans Assistance office on base after receiving my decision on claims filed 2 yrs ago. My reason to visit was to discuss filing for IU. I brought with me a copy of a Buddy letter/previous boss stating why I was terminated and described problems I was having at work because of my SC disabilities. I also brought sample letters I was going to have my 3 doctors fill out each speaking of my SC disabilites describing how it is not adviseable for me to work. I also had copies of additional evidence showing how one of my disabilities was under rated.

The individual I was talking to confirmed I had a 60% rating for IHD. I said yes, he looked at the rating decision I handed him. He then told me just file the form 21-8940. He also discouraged me to include ANY OTHER EVIDENCE. He just said "keep it simple". The fact that I had a 60% rating for one problem (IHD) and a total of 80%....that should do it. All this sounds like "misinformation" to me. He just said well if they deny it, then you submit all that stuff in the appeal....Seems like everyone I talk to says to submit bare minimum and then wait for denial and appeal.

My logic.....Send DBQ and letter from Specialist MD who treats me. Precludes them from sending a request for same type info to the Doc. Write a letter myself explaining why I feel my SC disabilites make me unemployable, giving examples of problems with the three problems I cited. (IHD, DMII and Diabetic Neuropathy)...Letter from my former boss (since my company 90% chance will not answer VA request about past employment 5yrs ago). stating problems I had at work and reasons for mutually agreed upon termination.

Now which of us is right. Form only...or form with as much evidence I know they want included with package.....I still don't know what to do.

Any advice and reasons behind it would be greatly appreciated...as I would like to get this filed this week.

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I agree with you. I had a VSO, when my father in law applied for pension, tell me not to bother with medical expenses. I stupidly beleived him. In his case his income was about 14,000 per year, but he spent 10,000 on medical expenses, as he was ill with cancer. So, by not filing med expenses he was denied as his income was above the "poverty level", but it would not have been had he deducted medical expenses.

Yours is similar. By your VSO telling you not to bother with relevant evidence, he wants to make sure your claim is denied, so he can then appeal it. Its job security for VSO's by giving you erroneous information, and then you have to appeal.

Always send relevent evidence. NOTHING is simple with the VA. If it is a "simple" claim, they will figure out how to complicate and delay you.

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Actually you currently meet the requirement for IU per percentages. Your issue is to prove unability to work.

Employers wont cut it. They may help but you need an IMO from a Doctor stating why your disabilties keep you from working. They dont need a total they just need a reasonable picture of you. For example this veteran may be able to do some activities but over the course of an 8 hour day it would be impossible.

J

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The VA published an "information" piece, explaining that, just becase you met the schedular criteria for IU, does not automatically mean you get IU. You still have to prove you are unemployable due to SC conditions. To do that, you need a doctors statement (nexus) explaining how your service connected conditions prevent substantial gainfull employment. You also need to demonstrate that you are not working. To suggest that you should not send evidence that you meet the criteria for IU is nuts. Absolutely nuts.

It isnt enough to be unemployed. You have to be unemployable. If you are collecting unemployment, in most states, you have to testify to the effect, "I am ready willing and ABLE to work". This is in conflict with IU criteria, which says you are UNable to work, due to SC conditions.

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