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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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stebarbar

BVA appeal

Question

Does the BVA review the entire appeal file or just the new info you send in, Thanks for your help

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They will review anything they have.

When you get the formal Docket letter, send any additional evidence directly to them,within any time frame they might give you, and check with the BVA ombudsman to make sure they received it.

The BVA found my husband's autopsy,in my C file, that  the Buffalo VARO VA had never acknowledged.

In H VAC testimony I gave, I had sent  Chairman Miller 53 tracking slips of evidence VA never acknowledged to include 12 separate submissions of his autopsy during Shreddergate.

BVA also had copies of my IMOs that Dr. Bash prepared (ignored by my VARO)

They also had a copy of the deficient VCAA letter I received that the VA refused to change.

After all those claims were resolved  the VA pulled the same BS again on me and that is when I developed the GCY premise, and got them to CUE themselves right away on any decision that ignored probative evidence they had in their possession.

When VA completely ignores probative evidence that you can prove they had, evidence that is not redundant or accumulative,

that is a violation of 38 CFR 4.6 and I have used it to get them to CUE recent decisions well within the appeal period, and prior to need for any NOD. 

 

 

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