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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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DevilDog12

Not at least as likely as not

Question

I understand that this means less than 50% probability, but is this term an automatic denial?

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Typically...unless you have a counter opinion that can trump it.

 

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He admitted it was diagnosed in service, as stated in STR.  But then put that statement as opinion.  

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It likely means a denial unless you can refute it with other medical evidence.  This can come from another VA doc, or private doc.  

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Your at 90%, so unless you expected a 50% Award, regardless of the Award/Denial, probably no bump in Rating.

Was this an FDC, if so, you should know the Rater's take on the Dr's DBQ answer, within the next 3 months.

Even if it's a Denial, sounds like it, there's always the possibility that a Sr Rater will do a Quality Control Review of the Decision. Possibly change the Decision.

I had that happen 01/16 from a 07/15 Award Decision continuing a 0% SC, FDC Increase filed 02/15. Phantom Rater, increased my SA from 50% to 100%, as I had discussed in my Sworn Affidavit that had accompanied the 02/15 FDC. Why the original Rater missed the Nexus, who knows? The Phantom Quality Control Rater caught it and agreed with me, that's all that really counts.

I must mention, the FDC C & P Dr disagreed with me also. Told me my 50% SC for SA was not going to get the increase. I should track him down, show him the Award, Fxxx his Dope Up, right.

Semper Fi

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This was not an FDC, but did move rather quick.  I was seen by a PA, not a Dr, as I have been on other exams.  But confused as to why he did say it did happen in service, and documented, but less likely than not.  

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