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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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    • Howdy all,

      The VA DRO denied my claim for an earlier effective date for my sleep apnea. They originally denied it in 2008 but granted it in Nov 2019 secondary to my GERD. I was rated for GERD in 2001. So I had it in 2008. I have attached the 2008 denial, 2018 approval, and the NOD SOC. All of my medical files and the medical articles and VA Citations referenced were in existence in or before Jan 2008. The only new items were the NEXUS letter from Dr Bash and a few extra buddy letters. The original denial states that my medical records show no diagnosis or treatment and only isolated complaints of symptoms. The denial does not even list my wife's or my lay statements as evidence reviewed. I have symptoms listed numerous times in my SMRs:

      a. Medical visit dated 24 Feb 76 for problem sleeping and depression.
      b. Physical exam dated 24 Jan 79 listed frequent/severe headaches" dizziness, and
      nervousness.
      c. Physical exam dated 07 Nov 83 listed frequent/severe headaches.
      d. Physical exam dated 16 Jan 85 listed frequent/severe headaches.
      e. Admitted to hospital 05 Aug 86 for chest pains and anxiety.
      f. Medical visit dated 14 Jul 87 for problem sleeping and morning confusion.
      g. Physical exam dated 25 Feb 88 listed dizziness.
      h. Physical exam dated 07 Oct 91 listed frequent/severe headaches
      i. Physical exam dated 25 Aug 93 listed headache.
      j. Hernia repair surgery dated 22 Ang 94 surgeon had to insert devices of some
      kind in each of my nostrils that went down into my throat to keep rny airway
      open and stop my disruptive snoring.
      k. Physical exam dated 29 Sep 99 listed frequent/severe headaches.

      So could you all take a look and let me know what you think.

      Redacted VA NOD SOC 04-09-2020.pdf
      VA 2008 Denial of OSA Redacted.pdf
      VA Claim Decision Ltr 08 Nov 2018 Redacted.PDF
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carlie

Vba Nod Form 21-0958

Question

Go to the following link and click the download button.

http://formupack.com/pdf-forms/federal/va-veteransaffairs/FederalVA_VBA-21-0958-ARE.html

"THE USE OF THIS FORM IS NOT MANDATORY. HOWEVER, USING IT WILL HELP REDUCE DELAYS IN PROCESSING YOUR NOD. THIS FORM HAS SEVERAL KEY COMPONENTS, WHICH WHEN FILLED OUT COMPLETELY AND ACCURATELY, WILL DECREASE THE AMOUNT OF TIME IT TAKES TO PROCESS YOUR NOD.
Frequently asked questions:
For what do I use this standard NOD?
Use this form to indicate to your Regional Office (RO) that you disagree with a decision you received regarding
your claim for disability compensation. Examples of these decisions may include entitlement to service
connection, percentage of evaluation assigned, and effective date among other things.
Should I fill out this form?
Only fill out this form if you disagree with a decision issued by your RO. This includes an initial decision, a
decision for an increased rating, or any other decision you disagree with.
Where can I get help?
You can ask the Department of Veterans Affairs (VA) to help you fill out the form by contacting us. Before you
contact us, please make sure you gather the necessary information and materials, and complete as much of
the form as you can.
What should I do when I have finished my NOD?
You should provide your signature in the block provided at the bottom of the second page. Be sure to sign
every form you fill out before you send it to us. If you don't sign the form, VA will return it for you to sign,
and it will take longer to process.
Attach any materials that support and explain your NOD.
Mail or take your NOD to the RO that issued the decision or notification that you disagree with, which is the
Agency of Original Jurisdiction (AOJ.)
Do I need to keep a copy of this NOD form?
It is important that you keep a copy of all completed forms and materials you give to VA

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Hello,

I am a noob so please excuse my ignorance if this has been mentioned... I searched several times but have not found a topic on this.

I just received my claim back with a newer version of the NOD, dated Jan 2015. The instructions now state this form is mandatory. Also states you must complete the form to notify your RO that you disagree with the decision.

Just wanted to bring this up to the smart and experienced folks here, don't know if everyone has seen this version yet...

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Yep. VA changed the rules March 25th, 2015. No more SF 8.5X11 (white). From now on, everything is on VA stationary. Carlie published that when it was still an option in August 2014.

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Do you send it to the Evidence Intake Center or to your Regional Office?

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Since March 25th, the only place to submit new evidence are the approved intake centers in Cheeseville, Wisconsin and Newnan's own in Georgia. If you are filing an Extraordinary Writ of Mandamaus, however, the need to inform the pukes at your Regional Office demands you send them an invitation (in duplicate) to the hanging personally. We're going into a whole new world of VBMS litigation. Everything is going to be in a word-searchable .pdf format to help the poor raters find that which you file. For some reason no one has been able to determine, VA raters have poor vision and even poorer sleuthing skills when perusing your c-files. This is why you sometimes have to submit evidence several times for them to catch on and get it.

Anything you file from March 25th on, has to be in their format-i.e. Form 21-526EZ for any claims filing of any sort, the 21-0958 for all Notices of Disagreements, the Form 9 for all substantive appeals after you (finally) get the Statement of the Case asking you what part of "no" you do not understand. To answer a SSOC, I suspect the old standby 21-4128 is still the approved vehicle. If I am wrong, I would appreciate someone's correcting me. Remember, this is new, uncharted territory we are entering. VA considers it Boldly going where no Vet has gone before. I suspect it's simply more of their Boldly going nowhere fast.

Clear prop

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I am new here and while doing my homework for my Claim. And filing my Appeal, I have witnessed that since the RO has to do a SOC now that they are contacting me about my Claim and letting me know they are there to help. But when it comes to submitting new evidence that you have for the VBA I did get a letter stating I needed to submit it to the one of the two places mentioned. If it is old evidence or lack of evidence on the PRo's part then they will be asking for your help.

I for one am reluctant to provide the PRo's office with new and material evidence they so just happened to not get by some unforseen act of God on their behalf. I would believe that me or anyone would want to get the information to them as quickly as possible to process. But on the other hand if you can submit evidence that the VA RO had the chance and opportunity to gather but used the old saying that you have to get the information yourself and get it to us for consideration. W

I say this with honesty and sincerity that if I signed the Release forms for them to they the Medical,evidence from the source themselves and they chose to use the "We don't have to help you get evidence" saying. And you can provide that proof to show they did not try to help you and the evidence shows that you were right, then why let them off the hook now. I know they refused help me prove my Claim so if I can turn it around and show negligence on their behalf and the evidence has its own merits. They don't have to get a copy of what I am submitting for evidence.

You can say that I have frustrations and should try to help out by giving them a hand, well I say why help them if they were not willing to help me before it got to the point of have judge or someone review the evidence to see if they did their job.

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    • How to get your questions answered...


      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.


      Leading to:

      Post clear questions and then give background info on them.

      Examples:

      A. I was previously denied for apnea – Should I refile a claim?


      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?



      B. I may have PTSD- how can I be sure?

      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?



      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

      Note:

      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
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