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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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  • Most Common VA Disabilities Claimed for Compensation:   

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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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Question

In 2012 I received my C-file, inside I came across a rating decision, date of claim 6/30/92, date of this rating 9/8/92, it says entitlement to non-service connected pension-Outpatient treatment records from January 1991 to May 1992 and Department of Veterans Affairs examinations July 25 and August 3, 1992, Cited outpatient treatment records refer to a seizure disorder for which the veteran was taking medication. In January 1992, he was advised not to operate a motor vehicle. Cited examinations indicate veteran walks with a cane and his gait is abnormal because he circumducts his right leg to keep pressure off of his right foot. Veteran received a gunshot wound to his right ankle and x-ray shows retained foreign bodies. Neuro exam confirms post- traumatic seizures as well as post- traumatic headaches. Veteran is found to be permanently and totally disabled- Date of future physical examination NO EXAM===== 2. PT {VE} from 6/30/92- 8910- 60% Epilepsy, grand mal-5271- 10% Residuals, right ankle injury- 8100-10% Headaches COMB: NSC 70%============= Now here's the question, I filed a claim for service connected seizure disorder in 1992 but was told could not get service connected because records were destroyed, and all I could get would be non service connected, Fast forward to Dec 28,2010 filed a claim for service connected seizure disorder, headaches, depression, hypertension, and a few others, bottom line, they were all denied March 2012, reopened before the year was up, in Feb. 2013 was granted 40% service connected for seizure disorder effective Dec.2010, no retro of any kind , now I have the rest of the claim pending for headaches , depression ,TBI, and sleep apnea, ok , here we go if and when they grant the award , should they go back to 1992 when I first made the claim.

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2 answers to this question

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What records did they use to award the later claim?

If they found the records you need to file a CUE claim but you need to be specific

The Regulation you need to use is Title 38 CFR 3.156 ©

That means if a claim is later decided because they found missing service department records then they have to go back to the original claim date.

Read up on it to get a better understanding of the issues before you do.

J

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I agree w/jbasser and I see a large check in your future, provided the injury is found SC and not NSC. I don't see why they rated you NSC in the first place. jmo

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