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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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rootbeer22

NOD - Not Always a Good Idea- Maybe a bit Risky?

Question

Vets:

 

Recently, I read where someone filed an NOD and their TBI was reduced from 10% to 0% but they got an increase in their PTSD? So, I'm wondering if this happens a lot where a Vet's claims contentions are actually reduced after their NOD/DRO reviews?  I worked very hard to get to 90% that I'm at now. I'm trying to get pushed over to 100% but am concerned about it actually being cut? However, maybe that was just a rare occasion....and I should not be concerned?

Does anyone know if this happens very often where a reduction occurs or not?

Godspeed Rootbeer22

 

 

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Any time you ask for "More" it is like the scene in Oliver Twist where he asks for more gruel as he is starving and hungry.   All hell breaks loose.  Any time you appeal a VA decision it might not go so well for you, but if I had a solid claim I would go ahead.  If my claim were iffy I would just hold off until I had solid evidence. If you got 100% rating what would it mean in dollars for you?  That is the only question that counts.

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At 90% SC, you need way more than a "Push."  If your under 55, NOD or not, your C-File is "Diary Dated" to be reviewed every 18 to 24 or so months, for a possible re-evaluation.

In your Lay opinion, have any of your current SC's improved, worsened or remained static?

How many of your SC's are listed as Chronic with no expectation of improvement based on time or treatment? MH SC's prior to 55, are seldom deemed T & P No Future Exam. Think "Job Security," VA as well as private MH Clinicians believe just about all MH problems are improvable, with time and treatment.

As to the Re-Exam/Revaluation with a NOD, without the NOD, your claim and any chance of Retro, DIES with the 12 month Expiration Date. Run the numbers$$, decision should be easy.

Semper Fi

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Gastone:

As always, thanks for your terrific input. I turned 55 a few months ago and my current records show that many of my conditions have worsened. Early in my career, I was in a terrible Army Tank Accident and my spine has a lot of metal to keep it together and is pretty damaged. Also, 2 years later I was involved with a traumatic Tank  explosion where I was knocked out and blown-off my feet and suffered a concussion. I believe many of my contentions were rated either 0 or 10% and most could have been at the next levels but as you know,  it's seems customary to low-ball vet's on their claims. I see a regular doctor every month and a very prominent pain specialist every 6 months. That said, I was very fortunate that a large portion of my contentions have been service connected during my first disability claim and also I was recently granted 10% for TBI. The TBI doctors were supportive but the main doctor opined  that my memory, concentration and cognitive  symptoms are mild and therefore assigned me a TBI SC of 10%. But currently, I'm getting statements from my last three bosses for my NOD that demonstrate further that my work has been adversely affected by this TBI to show that connection. Consequently, there are about 7 or 8 of my contentions that could be bumped up with the evidence that I have. One of my main challenges is that a large percentage of my SMR records are handwritten and having the raters to decipher them properly has been really tough. For instance, I was service connected for Hypertensive Heart Disease at 10%, but they said because I did not complain of angina or chest pain that it was only 10% and not 20%. However, those complaints were clearly in my records multiple times and they missed it. I also clearly put that in my QTC Pre-Exam for the Heart Disease issues but they did not cite that during the CP exam results. However, I've waited for over 10 months for my C-File that would clearly show that but it does not look like the C-file will be a factor unless it shows up. If I had the QTC exams, so I could challenge them it would be a no brainer..to get some of the contentions upgraded.

Anyway, I'm putting together the NOD Package now and asking for a DRO Review, so maybe it will be enough to get to 100%..only time will tell?

Thanks Again...and Godspeed to you..

 

 

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Best of luck Rootbeer, Keep the faith and the persistence up man!!!

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Rootbeer;

Have you ever gotten your code sheet?  I just put a thread on here today that is of some good info.  I found out that all of my disabilities but ONE are "static".  

Also, are you 90% by way of 94/93/92/91% rounded down or 85/86/87/89% rounded up?  The reason I ask is the fact that getting to 100% is about 50-60% more disabilities to qualify you for 100% if you are at the lower end of 90%.  Look at the CFR table I am providing.  Take your disabilities as it indicates and see where you are on the chart.  Some times rocking the boat is not worth it.

The post you are referring to, here it is below, the OP indicated they filed for an INC to PTSD and their TBI was decreased.  It can happen b/c when you file for INC on any of your contentions, all contentions can come into question.

 

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