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  • 14 Questions about VA Disability Compensation Benefits Claims

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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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nanaeris

Clue Claim, Earlier Effective Date Claim

Question

I got a call from VARO Waco telling me my CUE claim for acute myocarditis in the presumptive period was denied. Their reasoning was although I was hospitalized during the presumptive period which would have risen to 10%. When I had a C&P exam about 6 to 8 months latter, my heart was back to normal with no residual effects. I argued I should have been given 0% service-connection and paid for the time I was incapicated. My claim for an earlier effectived date for osgood schlatters disease was also denied. Although the rater in the initial decision stated he did not have enough information to make the decision whether my pre-existing osgood schlatters was permermant aggraviated by military service the two MEB reports are not binding on the VA when it come to making a decision. Although the VA C&P examiner stated I had residual or old osgood schlatters, it did not affect me. In all the decisions not one rater address the presumption of soundness or presumption of aggrivation. I asked the person on the phone what evidence was used when I was granted service-connection for osgood schlatters disease in 2001, naturally I got the run around. In suggestion on how to handle this.

Thank you,

nana

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http://www.medicinenet.com/myocarditis/page2.htm#what_is_the_prognosis_outlook_for_patients_withmyocarditis

The C & P was done some months after the acute episode?

Have you had any heart problems or treatment since?

The link tells of how these conditions can get worse in time.

Can you scan and attach their denials as to their Reasons and Bases?

“Although the rater in the initial decision stated he did not have enough information to make the decision whether my pre-existing osgood schlatters was permermant aggraviated by military service the two MEB reports are not binding on the VA when it come to making a decision.”

HUH?

I guess he didnt get the proper training

Review of Service Treatment Records for the Integrated Disability Evaluation System (IDES)

Trainee Handout

https://www.google.com/search?q=M211MR+MEB+reports&ie=utf-8&oe=utf-8&aq=t&rls=org.mozilla:en-US:official&client=firefox-a&channel=sb

(https://www.ttande.org/VBA_Learning_Catalog/.../1358204_HO.doc‎ )

In part:

“Medical Evaluation Board (MEB) and Physical Evaluation Board (PEB) Reports

The MEB and PEB reports are generally comprehensive and provide a lot of background information.”

BUT a disability must be a disability that is still current and present to be rated.......

I think the actual Reasons and Bases on both issues here will help us more to understand why they denied.

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Berta I did not have any permermant heart damage, It just took me quite a long time to recover. Like I thought, I should have been given 0% service connection but paid for the time I was in ill. I am service-connected for hearing loss at 0%. Is there a difference. If the VA hadn't taken such a long time to schedule me for a C&P exam after the myocarditis they would have probably would have came to a different conclusion. As for the osgood schlatter disease, as I pointed out, Not one decision I have received addressed the presumption of soundness or aggravation. But to say MEB boards have no provative value really got to me. AS soon as I get the denial letter I will scan them.

Thanks again,

nanaeris

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