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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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Slowlane

Appeal Or Start A New Claim?

Question

My (one year) denial for PTSD increase in excess of the current 30% will be up in about 3 months. Rather than wait 3+ years for an appeal, would it be best to wait the one year limit out and put in a brand new claim?

I realize that I would lose the difference in appeal money for a one year period which would be approx 4.5K but, claims are all they are working on right now and a new claim could be a couple of years faster than an appeal.

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I like your creative idea! If you go that route, make sure to submit it as a fully developed claim using the EZ form or upload via EBenefits.

The stock market is up 30% again this year. You could invest some money into a Vanguard index fund account & make up for the appeal money!

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Posted (edited) · Hidden
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Slowlane,

IMO, who's to say the RO will use fair judgment the second time around. I would just get new material that shows a need for an increase and let the BVA award you properly. Rushing your claim may not work to your interest.

Disability Benefit Questionnaire should address the level of impairment for an increase. Take this form to a VA or Private Psych Dr.

http://www.vba.va.gov/pubs/forms/VBA-21-0960P-3-ARE.pdf

Edited by Dot09

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Slowlane - how do you know how much the loss will be?? Maybe you're guessing wrong. They originally gave me 30% for ptsd but I appealed, appealed and appealed. Took 10 yrs but they gave me 100% retro to day one. The choice is yours. I'd go my route.

pr

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Slowlane - how do you know how much the loss will be?? Maybe you're guessing wrong. They originally gave me 30% for ptsd but I appealed, appealed and appealed. Took 10 yrs but they gave me 100% retro to day one. The choice is yours. I'd go my route.

pr

Philip, I don't have a pay chart handy but (I think) 50% is about $400 a month more than 30%. So, a loss of $400 X 12 = $4800 over a period of a year. But to get upgraded to 50% in a much faster time (possibly 2 years faster) would make more sense to my 66 year old burnt out brain. Heck, in 10 years I might not even know who you are anymore. Slowlane

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