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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’.


      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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    • Mere speculation in your VA C and P exam

      M21-1, Part III, Subpart iv, Chapter 3, Section D – Examination Reports III.iv.3.D.2.r. Examiner Statements that an Opinion Would be Speculative Pay careful attention to any conclusion by the examiner that an opinion could not be provided without resorting to mere speculation (or any similar language to that effect). VA may only accept a medical examiner’s … Continue reading
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asknod

Cavc- Hunt Vs. Mcdonald

Question

This may be a single judge memorandum decision but the courts and VA are not free to ignore the thrust of the decision as it rests on other precedence. For years, trying to prove you were in-country so as to get presumptive for herbicides has been a challange for some of us-most especially blue water folks who came ashore for mail runs or R&R at Vung Tau. Hunt opens up an interesting can of worms for VA. Never has a Vet been allowed to simply offer lay testimony that he came ashore and been believed. Judge Greenberg put a fork in that June 14th. VA has been instructed to "fix" it. The third BVA denial was the CAVC charm.

Check it out, my fellow bullet biters. Fifty years later and Willie finally gets the green smoke.

https://asknod.wordpress.com/2015/07/17/cavc-hunt-vs-mcdonald-red-clay-between-my-toes/

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Thanks for your opinion and link on this. Yes, I would ask whenever you write an opinion on cases, that you provide hadit a link, as I am assuming you dont go to the trouble to write on a particular case unless it has validity for other Vets.

I agree there is a problem there, and hope this resolves it. The courts have long said that Veterans were competent to testify on such stuff that does not require a medical degree. YOu can testify, for example, that your roomates complained of your snoring. You dont have to go into the docs office and snore for him, your lay testimony (or your wife's lay testimony) is sufficient to establish that you snored, but it wont suffice to establish a diagnosis of Obstructive Sleep Apnea.

IN a similar manner, "lay testimony" should suffice to testify you were in country in Vietnam, especially if your SMR's were lost in a fire or whatever. You dont need an MD to know whether or not you went to Vietnam.

Remeber, too, the courts have ruled that they can not "throw out" our testimony exclusively because we are an "interested party".

Sure, they could show our testimony to be not credible if we lied about something else..I get that. Or, I can also see how our testimony could be disregarded if it conflicted with the evidence of record.

If I recall, you said the VA said you did not get shot in Vietnam, and you had to prove that you did. That is wrong. Just because there may not have been anyone around to "document" your Vn GSW, that does not mean it did not happen. There could be many reasons why your GSW was not documented, and they may have had nothing to do with a Veteran lying, and everything to do with you being in a war, where there was no one around to document it. Records get lost. "Absence of Evidence" is not the same as "Evidence of Absence". Still, time after time, the VA cites, "the record is absent any evidence of....." in its reasons and bases for denial.

IMHO, if there were a discrepency between the Veterans lay testimony and the Evidence of Record, this should automatically "trigger" a C and P exam, to, hopefully, resolve this discrepency. In your case, you could go to the C and P Doc, and say...yea..see this scar here? This happened in Vietnam. Further, I think the Veteran deserves an MRI, if necessary, to document some sort of in service wound.

Edited by broncovet

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I understand the blue water veterans have a hard time with claims of AO and denied because VA says AO WAS NOT IN BLUEWATER BUT LIKE THIS VETERAN HE PUT BOOTS ON GROUND GOING FROM HIS SHIP TO INCOUNTRY.so that should be all he needs to prove he has AO presumptive disease for his claim.

Anyone severely injured while in the RVN should not need medical proof for a compensation claim later the VA should take the veterans word on it. if a fellow soldier gets shot he should have his unit brothers to help him to safety and seek medical attention asap , its not the soldiers fault if it don't get documented.

I don't know what the % is that veterans have got injured in RVN and it was not reported therefore they won't file a claim if they think they will be denied.

MY OPINION THE BENEFIT OF THE DOUBT SHOULD GO TO THE VETERAN AS HE CAN PROVE HE WAS IN RVN BOOTS ON GROUND and in RVN there were hostile enemy forces all over in country, Inside RVN some areas was more intense hostile action than others but any given time in RVN there was unexpected events happen that was of enemy hostile forces.

And if and when a soldier gets shot or injured from enemy hostile action he should get compensated for it

jmo

....................Buck

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For the record, I was shot in Laos. We were not there in a military capacity or so the story goes. My ID said I was employed by USAID and taught French. To whom I taught it, I'm not sure. My non-disclosure agreements keep me mum for 50 years until 2020. I'll tell you all about it then. Meanwhile, you can get an idea here>>>http://bastiatblogger.blogspot.com/2012/09/ravens-over-laos-inside-legendary-steve.html Some called it Terry and the Pirates program.

Here's a photo at Udorn Air Base after six months over the fence. My .25 cal FN "baby" was strapped to my left ankle. Never left home without it.

post-12899-0-54638600-1437409483_thumb.j

Edited by asknod

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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.
      • 2 replies
    • Exams that were being sent strictly to contractors before, due to VAMCs not being open, are starting to be routed back to VAMCs. This is going forward from last Friday- not sure if prior scheduled exams will be re-created for VAMC vs vendor.
      • 7 replies
    • Mere speculation in your VA C and P exam

      M21-1, Part III, Subpart iv, Chapter 3, Section D – Examination Reports III.iv.3.D.2.r. Examiner Statements that an Opinion Would be Speculative Pay careful attention to any conclusion by the examiner that an opinion could not be provided without resorting to mere speculation (or any similar language to that effect). VA may only accept a medical examiner’s … Continue reading
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    • A favor please - just changed servers so if you have a moment...
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      • 11 replies
    • It's time to ask for help from the community. If you can help with a gift it would be very appreciated.

      Fund HadIt.com Veteran to Veteran LLC


      Give a financial gift to help with the upkeep of HadIt.com. HadIt.com is NOT a non profit. Gifts are not tax deductible, they are just gifts. 
      • 11 replies
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