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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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TLaff

Tdiu Advice!

Question

Presently rated 30% cervical, 20 lumbar, 70 depression due to pain, and 30 miagraines, have imo from surgeon who did my cervical 3 level fusion stating i am going to get worse and with that said. I have had a recent C&P exam that gave me these ratings and in the exam the ROM's are much lower and will raise my lumbar and cervical ratings when i ask for an increase. However i requested a NOD for a RO review for the migraines because in the C&P exam it states 1 migraine a month when in fact VA Doc states 3 or more and also radicolpathy in all 4 extremities which was denied. I have been complaining to the VA for about a year now that somethiing new is wrong with my neck and they blow it off so i went to my outside surgeon and he did xray's and said he is recommending adding a 4th fusion to my cervical because i have gotten worse and doing a fusion in my lubar.

Here is my question, should i submit and increase now for my cervical and lumbar while i am waiting for the RO review or wait for that to be completed and I am also planning to file for TDIU in the near future so should i even file for an increase for the cervical and lumbar???? Not sure what to do and when i do file for TDIU which do i put as the main disability and second on reason for filing for TDIU??

T

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File for the condition that makes you unemployable. What is your total rating as of now?

John

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I would file right away. the va tries to convince people that if you file anything it screws the whole process up, well guess what, the process is already SCREWED up. So the sooner you file the sooner you secure your date for eligibility for that claim. I have 13 claims currently pending. its thier problem to sort them out, not mine. thats what they are getting paid to do., I refuse to let them make it my problem, and make me stall on filing my claims. tbis is just my personal opinion based on getting jacked around like almost everyone else.

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If you are unemployable solely due to a SC condition then file for TDIU now. C&P exams do not give ratings. RO does the rating based on all the evidence, according to law, if the VA decides to obey they law.

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Yeah, I totally agree. If you cannot work NOW (and aren't currently employed of course), file for TDIU asap! I filed my TDIU papers the same time as I requested my increase. As it turned out, I was increased to 90% but they awarded me TDIU P&T so from a $$ compensation standpoint, it's the same as a 100% rating. Why waste time if you have solid evidence? Good luck, brother...

LC

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T,

Please update your profile to show current evaluation level of SC.

Thanks

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