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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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    • 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’.


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      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.


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      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?



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Adrianaj

Do I File Nod For Dro Decision Or Bva?

Question

A little background before I get started. I filed for compensation for my lower back condition back in 2009 and was subsequently denied. Then I applied again with new evidence and was denied again because the VA stated that my condition was not service connected and no evidence was in my SMR. I was awarded other service connected disabilities and others denied. Anyway, I appealed the denial of service connection for my back and requested a DRO to review my case. I went to my hearing in April of this year and was approved for service connection at 10%. She stated that she is not sure why they denied my claim because all of the evidence showed that I was clearly service connected. Keep in mind that I brought my own SMR to prove this during my hearing. This just tells me that they did not request it back in 2009 or review what I sent to them. So I disagree with the percentage I was rated by the DRO and I think it should be much higher. I am filing for TDIU for my migraines rated at 50% and my lower back. Should I file the NOD and the TDIU at the same time? Also do I file the NOD and request a DRO to review it again or file the NOD and ask for BVA review? Please help. Also I think that there could be a CUE for the effective date for my initial denial for my back. Not sure what to do next.

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Write a NOD to the VA and ask them to CUE themselves.

Title 38 CFR 3.156C

Missing service dept records. If your claim was denied because of missing service dept records and you produced them then they must pay you from the date your filed originally.

File for the IU. It is also a claim for increase.

J

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Yeppers. This has a Fenderson v. West staged rating all over it, too. File the NOD and make darn certain sure you ask for the higher rating percentage but more importantly, the earlier filing date that was denied initially. Mr. Basser's advice is spot on. While VA is required to consider TDIU, there is never any guarantee the local yokels will do so. Thus throwing in a 21-8940 is a good side bet to cover your bases. If you are using a VSO, be careful you do not discover the son of a gun is bargaining away your ratings behind your back-something a POA permits him/her to do with your explicit permission.

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INDEED!

It is certainly a CUE and/or 38 CFR 3.156 error.

"I filed for compensation for my lower back condition back in 2009"

Was the NSC rating at 10% then?

"I went to my hearing in April of this year and was approved for service connection at 10%."

Was this based on a recent C & P or on the older denial that might have had the 10% NSC rating?

I agree that this might be a Fenderson matter ( staged ratings) because most disabilities sure don't get better in time , they get worse.

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No it was denied service connection(no rating, completely denied) stating no evidence it occurred or was treated in service. I did have a recent c&p exam, however my records at the time of denial showed the same thing. I presented the same records available in 2009 to the dro in april. So i state cue on my doe with request for increase? Or do I just use Nod for cue and request increase on tdiu claim or both?

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Adrian: At the very least, give consideration to getting (3+) Free Legal Consults from VA Accredited Appeals Attorneys. I know, most Vets balk at the 20% of Retro that the Attorney would charge. I'm not saying you need to sign up, just get the "Free Consults"? You should be able to determine a possible plan of attack and get an actual legal opinion regarding any unanswered legal questions. You've been waiting since 09 and just got your DRO Hearing, whats BVA, another 2+ years plus possible Remand? Decisions, Decisions, what would you rather have, a possible $100K+ Retro somewhere possibly way down the road or a better than good chance of getting your claim awarded in the near future for the 20% Attorney fee? I guess it depends on your age and current financial resources. Your Claim, Your Time, Your $$$$$ and your Decision!

Semper Fi

Gastone

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      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:

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      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.

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