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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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Army Chic

I "think" My Lawyer Screwed Up

Question

Hello everyone. My lawyers filed an appeal for unemployability due to my migraines. I called the 800# tonight and was informed that the lawyers is appealing for a higher rating for migraines, but the thing is, I already have the highest rating. Before getting appointing them, my claim for IU was denied due to me being pregnant at the time, and they didn't do a complete C&P on me. My lawyer isn't appealing the IU though, only the migraines. The C&P examiner for my migraines did give an opinion that I was unemployable, and the rater said there was evidence there, as well. I would like to know how will all of this play out or if my laywer screwed me over? I am attaching the document that is in my c-file. That was from the rater that rated my migraines. Thanks in advance for your help.

Edited by Army Chic

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I think you are OK. IU is actually treated as a claim for increase as it is not a disability.

You meet IU criteria with your ratings so you may just want to see what happens.

J

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Where is your claim and how long have you had the lawyer. He should only get 20% of your retro. I would just wait.

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They screwed up. I had to withdraw my claim because it was going to be a waste of time. They were appealing my headaches from August, 2012, but I already have the max. They were also trying to appeal IU, but I didn't file for IU until October, 2012.

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I am sorry to say that you screwed by by withdrawing the claim. You filed the claim in Oct 12.

That is date of claim. The VA can pay you back to the date the condition arose or the date the Doc said you could not work.

I hope it works out. These attorneys are smart.

J

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The claim that I filed in October 2012 was for IU. The lawyers didn't appeal that. They appealed my migraines case from August 2012. I am going to see if there is away that I can reopen my claim from October 2012 since I have 8 month until my year will be up.

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