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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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Jamezam

Confused...

Question

I've noticed whenever I file a NOD and it ends up as an appeal on eBenefits, the contentions I disagree with from the VARO's decision letter end up being listed as new claims.

So for example, I filed a NOD for my denial of Chronic Pain Syndrome, Fatigue, Sleep Disturbances, and Spondylolisthesis. And, now all of the disabilities are listed as New under my Pending Disabilities list. Can anyone tell me what's going on here?

In adding, why in the hell is the VA continuing to treat some of my disabilities as PTSD? I clearly marked "NO" in eBenefits when the Claims process asked if you want to file a claim for PTSD!

Thanks...

Edited by Jamezam

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23 minutes ago, Buck52 said:

I am not sure why your still being treated for PTSD.

Unless you been diagnosed for DSM 5  PTSD by VA?

If so it don't matter if you file a PTSD Claim or not  if the VA Diagnose you with the DSM 5 PTSD they are going to treat you for it!

but if you said NO on your Claim form that you were not filing PTSD and they continue to want to add this as one of your claim contentions.

This could possibly be CUE on the VA.  others may chime in here   like Ms Berta or broncovet, Alex (asknod)

jmo

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

Thanks again Buck52,

I was diagnosed with Chronic Pain Syndrome last year. However, the PTSD claim was created by the VA years ago. I did contest the PTSD claim. As I said before the appeals backlog is now an issue and now instead of waiting for ones claim to be processed, it's waiting time for appeals to be processed. I have one appeal going on 730 days, but I guess that's normal these days.

I have three solid years of continuous in an out of hospital's in my military service records and have been battling with the VA for about 31 years now. Even though I have a pretty great education about the legal aspects of the VA. That's not enough. I've been trying to get my congress people to change the laws to make the VARO's responsible, criminally for negligence in truly doing their duty and helping veterans.

I still haven't figured out why some attorney hasn't filed a nationwide civil suit on behalf of all veterans. It can and should be done and the VA and the VARO's should be forced to work for us not against us!

I'm pretty sure there are absolutely no CUE"s in any of my claims... :biggrin:

Edited by Jamezam

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Well maybe no CUE with your claim  however when you NEVER filed a PTSD Claim   and you  wrote it in writing that you do not and you are not filing a claim for PTSD  , and the VA Filed the PTSD to me that's an Error but it may not be  an  error  as a Cue has to have a bases, and they can say its ''DUTY TO ASSIST'' the veteran, When this happens its ( in my opinion)  its considered a statutory to be SERVICE CONNECTED. Rather or not its gets a % of compensation.

When a veteran is rated 100%  and files for another contention or increase and  as evidence shows  this veteran disability is indeed worsen or another S.C. contention shows to be at least 60%   that puts the veteran up to a 160% rating  (so to speak) and VA has a'' Duty to Assist'' and that rating becomes  statutory& Meets the Criteria for for them to rate the SMC

Some times they don't do that  & if the Veteran don't catch it &  they beat the vet out of compensation,  but later the Vet gets an attorney and then they make it right  with retro  or proved they did commit a CUE

I just never heard a Veteran with PTSD Or have a Diagnoses   that never wanted to file a claim?  unless pride or is still in the work force reasons?

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I was being sarcastic about not having any CUE's on any of my claims.

I appreciate all of your feedback and I am fairly knowledgable about the claims and appeals process and rating schedules. My original question was about disability denials being turned into new claims once you file a NOD. It really doesn't matter, as the original claim filing date doesn't change unless you miss the appeal deadline.

I never served in combat, nor did I experience any traumatic incidents, so why would I file for PTSD?

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45 minutes ago, Jamezam said:

I was being sarcastic about not having any CUE's on any of my claims.

I appreciate all of your feedback and I am fairly knowledgable about the claims and appeals process and rating schedules. My original question was about disability denials being turned into new claims once you file a NOD. It really doesn't matter, as the original claim filing date doesn't change unless you miss the appeal dead

I never served in combat, nor did I experience any traumatic incidents, so why would I file for PTSD?

 

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Sorry about the above post.  I seem to be experiencing problems with my Surface???  Anyway you stated that you haven't experienced and traumatic incidents????  Well by the time the VA gets done with you, I am sure you will feel that statement no longer applies!!! 

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