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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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Navy04

Has Anyone Used The New, Have Your Claim Decided On Feature On Ebennies

Question

Has anyone used the "Have your claim decided on" feature on Ebenefits site. As you all know my claim was at the Prep for Decision phase for the last month, then the other day it went back to Gathering of Evidence. Well the Ft Worth VA called today and scheduled a couple of C&Ps at the Ft Worth and Dallas VAs. I have Uploaded, Mailed and Faxed all the Medical Evidence more than once, and I am tired of these idiots. My last two FDC claims I had a couple of bad C&Ps, as either the Docs would not even look at me and hardly talk, or accept my Evidence. These Damn exams are driving me crazy, and I don't feel like driving over 200 and 300 miles round trip to each exam. I am thinking of using this feature in the next few days. As long as the VA grants SC on a few conditions, then I will fight the rest 1 condition at a time from hear out. What do you guys think? Thanks again and hope you have a good week.

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Haven't seen the feature, but understand that you can opt for the VA to stop collecting evidence and just make a determination.

From the sea-lawyer standpoint, I can see the VA looking at such a statement as you refusing C&Ps then using your so-called refusal against you. Now you'd be using a VA provided out, but if the RO didn't think they needed the exam results, then they wouldn't have asked for them. You could wind up like a friend of mine. He ran into all sorts of trouble because he wasn't geographically stable enough to make it to C&Ps and wound up getting denied on everything. His RO just closed his claim based on failure to play along. He fought the decision and then landed at 80%. You're currently at 100%, but not P&T, right, shipmate? Last thing I'd want them to do is start making arbitrary decisions that require you to fight your way back up to 100%.

The only way out I can see is to provide N&ME from different doctors that would clarify, without knowing their questions, what it is they're looking for over at the RO. You'd have to get it anyway to help the appeal you'd wind up filing, so why not just file it now? And, if it were me, bite the bullet and make the drives for the C&Ps.

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I saw that as well today and was wondering what would happen...

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I saw this as well. I was afraid to do it also--trust is a huge issue the VA is still has to earn.

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Thanks for the support, I would think that if I use the VA's new Ebennie option to finalize the claim, then I should still be following their guidelines in the end. This is my fourth claim in the last 18 months, and this whole process is driving me Looney, as it does to us all. Just don't have the strength this time. I really appreciate the kind words though, been a while since I heard the Old Ship Mate, Lol!!!

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Hang in there bud. It can't rain all the time. I understand the looney part. Cuckoo Cuckoo Cuckoo. The wait times drive me up the wall also.

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  • Our picks

    • Hello Defenders of freedom!

      I have a question pertaining to this denial for headaches. The decision letter is quoted below. 

       

      3. Service connection for headaches.

      "We may grant service connection for a disability which began in military service or was caused by some event or experience in service.

      Your STRs are negative for any treatment of or diagnosis of headaches. On your post-deployment exam in 2005 you denied any headaches. On separation, you denied any headaches. VA treatment records are negative for any treatment of or diagnosis of headaches. On VA exam, the examiner stated there was no evidence of any residuals of a traumatic brain injury.

      We have denied service connection for headaches because the evidence of record fails to show this disability was incurred in or caused by military service."

      From my understanding these 3 points must be overturned to successfully win a CUE case:

       (1) either the correct facts, as they were known at the time, were not before the adjudicator or the statutory or regulatory provisions in existence at that time were incorrectly applied; 

      (2) the error must be undebatable and of the sort which, had it not been made, would have manifestly changed the outcome at the time of the prior determination

      and (3) a determination that there was CUE must be based on the record and law that existed at the time of the prior adjudication in question.  

      @Berta, or veterans out here who have knowledge/experience, tell me what facts you think would be needed to prove this denial for headaches was an error? 
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    • In 2014 I put in a claim request for A&A due to housebound and secondary seizures to PTSD.    I request a legacy appeal to move to RAMP and now am in A Higher Level of Review.   It was in the Decision Review Stage in March 2019. It now is back to Gathering evidence.  I had requested  Feb 2019 for the VA to make a determination of the appeal based on all evidence currently in the case fine. It is now end of July 2019.  I just saw the estimated completion date of May 20, 2020 changed to August 2020.  The Modernnization/RAMP said that it would take approximately 120 days  Its now been 5 years since I submitted my claim and part  of that has been in appeal for close to four years.  How can I even tell if my appeal is being worked.  I am 65 years old and know I may have to send my appeal onto BVA, I may be dead before a conclusion is made.  I am also single so have no dependents that could receive back pay.  Is the VA playing me?  I have no representation or VSO
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    • VA Claims requires a lot of note taking - What  I use for note taking
      Trouble Remembering? This helped me.

      I have memory problems and as some of you may know I highly recommend Evernote and have for years. Though I've found that writing helps me remember more. I ran across Tom's videos on youtube, I'm a bit geeky and I also use an IPad so if you take notes on your IPad or you are thinking of going paperless check it out. I'm really happy with it, I use it with a program called Noteshelf 2.

      Click here to purchase your digital journal. HadIt.com receives a commission on each purchase.
      • 2 replies
    • Do I have to quit my job?
      Hello everyone. See Below for what I received from VA

       

      A little about me currently. I have a job that is very low stress (work nights no people no stress) very secure because I work in a mountain so im surrounded by granite. I work on computers so it engages my mind and keeps me as active as possible and is my passion. So my question is do I have to quit my job? Thanks!

       

      June 23, 1999 June 30, 2019

      VA Benefit InformationSummary of benefit informationYou have one or more service-connected disabilities:Yes         Your combined service-connected evaluation is:100%               You are considered to be totally and permanently disabled due solely to your service-connected disabilities:Yes           The effective date of when you became totally and permanently disabled due to your service-connected disabilities:July 01, 2019

      major depression disorder, recurrent, severe, post traumatic stress disorder, insomnia disorder and eating disorder, NOS


                         100%


                               Service Connected



       

      SMC-S1

      Entitled to special monthly compensation under 38 U.S.C. 1114, subsection (s) and 38 CFR 3.350(i) on account of major depression disorder, recurrent, severe, post traumatic stress disorder, insomnia disorder and eating disorder, NOS rated 100 percent and additional service-connected disabilities of migraine including migraine variants, tinnitus, independently ratable at 60 percent or more from 07/01/2019.

      SMC-K1

      Entitled to special monthly compensation under 38 U.S.C. 1114, subsection (s) and 38 CFR 3.350(i) on account of major depression disorder, recurrent, severe, post traumatic stress disorder, insomnia disorder and eating disorder, NOS rated 100 percent and additional service-connected disabilities of migraine including migraine variants, tinnitus, independently ratable at 60 percent or more from 07/01/2019.

       

      Thanks all!

       
      • 61 replies
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