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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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Scott D

Confused About Claim

Question

I received a decision that contained a statement of the case with a form-9. The decision awarded a 50% rating but denied the higher rating. I want to appeal this decision. I called my VSO to ask about the form-9 and he said there was already a NOD filed (I did not file this) and the form -9 is not required. Does this sound right? The time frame for the form-9 is approaching in a few days.

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If you want to continue an appeal to the BVA - I'd complete and submit the form 9.

JMHO

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If I dont continue the appeal to the BVA wil the RO handle it?

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If I dont continue the appeal to the BVA wil the RO handle it?

Scott, I would go ahead and file the Form 9 to keep the claim alive, but I would also file a NOD for the most current rating of 50% and ask for an increased rating. If your rep says that he has already completed a NOD for the current decision, I would contact the VA or look on ebenefits to see if it is listed. The RO will look at New and Material evidence that you submit but you need to include that evidence with the NOD of the 50% rating. What is the highest rating for the condition that you are claiming and do you meet those requirements? Is there something that the RO did not consider in the evidence they used to come up with a 50% rating. You have to be able to prove that your condition meets that higher rating. JMO

Shyne-I

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No this does not sound right! If you don't complete a form 9 (which is not a NOD) after the SOC within the perscribed time period (normally 60 days) the case is FINAL (closed) and the only way you could then appeal is if Clear and Unmistakable Error was commited.

It sounds like you need a Form 9 completed and a new VSO.

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You were right, I need to find a new VSO. When I finally got a chance to speak with the VA they said the form 9 was due today. If I didnt file this this the decision would be final. Almost missed that chance to keep it alive.

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