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14 Questions about VA Disability Compensation Benefits Claims
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?
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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Commonly Claimed Disabilities
Tinnitus | PTS(D) | Lumbosacral Cervical Strain | Scars | Limitation of flexion, knee | Diabetes | Paralysis of Siatic Nerve | Limitation of motion, ankle | Degenerative Arthritis Spine | TBI – Traumatic Brain Injury
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By Yoshi1992
Hi Everyone,
On January 7, VA contractor, VES, did my C&P exam . After nearly pulling teeth trying to get a copy of the exam from the VA, I finally got it a few days ago. Although the doctor found that I have the condition and found that it was caused by military service, she was way off with her box checks for my symptoms--missing or ignoring several of my symptoms. Also, her assessment of my symptoms conflicted with my privately provided DBQ. It's frustrating because I answered the questions the same way with both doctors.
Can I challenge/dispute the VES contractor's C&P findings? If so, where can I find the rules for how to do this? And how much time do I have?
Thank you in advance for your advice on this.
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By Jamie Vondrak
LHI contracted with a doctor who is licensed only in South Dakota and Nebraska to perform my husband's C&P exam in Iowa. Can the doctor do an exam in a state where he is not licensed? He did the exam on 12/31/20, but as of today (March 12, 2021) has not returned the exam report to LHI. LHI has reached out to him repeatedly. I have even found out where he practices, called his assistant and asked that he return the report. He will not respond to anyone. The VA has close (denied) my husband's claim without these results, so it has to be appealed. Just trying to figure out WHY this doctor would drive 8 hours, perform a 2.5 hour exam, drive 8 hours back home, and not do what is needed to get paid for his time?
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By Dude74
I have a C&P for Sleep Apnea secondary to Pes Planus and weight gain. What type of questions should i expect?
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By spirit_grt
Are C&P exams always ordered? At what point are they ordered? I filed an appeal to the board Dec 2019, AMA, evidence. Still waiting for it to be assigned to a judge. I submitted a nexus letter from my VA psy doc at the time of filing appeal. Are C&P exams always ordered? Or will they bypass since both my VA psy docs have nexus stated in file, plus the letter from one?
Thank you.
Gene
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By Ranmic
I looked around on here and didn't see an answer (or I missed it) but hopefully someone can answer. I had a C&P at my local VA last Wednesday and was curious to if I can pull a copy of the Dr's notes from that exam from the VA site (Blue Button Report or somewhere else). I'd like to know what he wrote about the exam and try to get an idea of what he said.
Thank you!
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Defense Bill Passage and Bladder Cancer
rebabevets posted a question in VA Disability Compensation Benefits Claims Research Forum,
I already get compensation for bladder cancer for Camp Lejeune Water issue, now that it is added to Agent Orange does it mean that the VA should pay me the difference between Camp Lejeune and 1992 when I retired from the Marine Corps or do I have to re-apply for it for Agent Orange, or will the VA look at at current cases already receiving bladder cancer compensation. I’m considered 100% Disabled Permanently-
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5,10, 20 Rule
Ddsr posted a question in VA Disability Compensation Benefits Claims Research Forum,
The 5, 10, 20 year rules...
Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.
Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.
Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.
If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"
At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.
NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.
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Example for 2020 using the same disability rating
1998 - Initially Service Connected @ 10%
RESULT: Service Connection Protected in 2008
RESULT: 10% Protected from reduction in 2018 (20 years)
2020 - Service Connection Increased @ 30%
RESULT: 30% is Protected from reduction in 2040 (20 years)-
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- 53 replies
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Post in New BVA Grants
broncovet posted an answer to a question,
While the BVA has some discretion here, often they "chop up claims". For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.
I hate that its that way. The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel.
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Finally Won...NOW WHAT?
Ztmiller8 posted a question in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC,
Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!
My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.
Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!-
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Seekz, -
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Post in Higher level review
Joey Ross posted an answer to a question,
I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and nothing about stressor,
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Question
mekon1971 3
NO C-FILE
1. Diagnosis
<X> Hypothyroidism
Date of Diagnosis: 1996 - Not treated
2. Medical record review
<X> Other, describe: CPRS Notes
3. Medical history
a. Describe teh history of the Veteran's thyroid and/or parathyroid condition:
States DX with hypothyroidism in 1996 while in the military. Been on medications 2005
b. Is continuous medication required for control of a thyroid or parathyroid condition?
<X> YES Synthroid 0,137
4 Findings, signs and symptoms
b. Does the Veteran currently have any findings, signs or symptoms attributable to a hypothyroid condition? YES
If yes, check all that apply
<X> Fatigability
If checked, describe: QD
<X> Constipation
<X> Mental sluggishness
<X> Muscular weakness
<X> Weight gain ---- Baseline 300 current 310
<X> Sleepiness
<X> Cold Intolerance
5. Physical exam
d. Blood pressure: 160/100
6. Reflex exam
1+ Hypoactive
Biceps Right 1+
Left 1+
Triceps Right 1+
Left 1+
Brachioradialis Right 1+
Left 1+
Knee Right 1+
Left 1+
Ankle Right 1+
Left 1+
10. Diagnostic testing
b. Has laboratory testing been performed? YES
<X> TSH Results: 6.65 Date: 12/11
12. Remark, if any:
Hypothyroidism
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