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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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Butcher2510

Help with appeal

Question

I have been trying to help my grandpa receive the benefits that he needs and deserves.  He is currently rated at 20% for hearing loss and 10% for tinnitus.  Last year we submitted paperwork to reevaluate his claim as his hearing has been deteriorating more and more.  Even with the help of hearing aids he has trouble hearing, can't hear a car coming up behind him walking through a parking lot, can't hear people talking to him if he isn't facing them, etc.  Anyway his rating was not increased, yet his hearing test showed further deterioration.  We appealed the decision last October, and as of today on eBenefits it still shows that his NOD that the VA will soon be contacting him in the near future with no timeline.  His VSO is the CA Dept of Veteran Affairs.  They have no further information for him other than to continue to wait.  I think that we should change his VSO, but not sure which organization to have represent him.  He is located in Redding, CA.  If anyone has any suggestions or help we would greatly appreciate it.  When we filed his NOD he also submitted a NEXUS (I think that's the correct term) letter from his private hearing test.

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Unless he is not getting good service I would not switch VSO's.  Some of them do not even return messages, they just sign you up and forget you.  Hurry up and wait is the VA's favorite game.  I filed an NOD on a decision from last year and all I have got from the VA is a message that NOD's take 13 months.  No, it should never take that long but it does in VA land.

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On 7/22/2016 at 10:44 AM, Butcher2510 said:

I have been trying to help my grandpa receive the benefits that he needs and deserves.  He is currently rated at 20% for hearing loss and 10% for tinnitus.  Last year we submitted paperwork to reevaluate his claim as his hearing has been deteriorating more and more.  Even with the help of hearing aids he has trouble hearing, can't hear a car coming up behind him walking through a parking lot, can't hear people talking to him if he isn't facing them, etc.  Anyway his rating was not increased, yet his hearing test showed further deterioration.  We appealed the decision last October, and as of today on eBenefits it still shows that his NOD that the VA will soon be contacting him in the near future with no timeline.  His VSO is the CA Dept of Veteran Affairs.  They have no further information for him other than to continue to wait.  I think that we should change his VSO, but not sure which organization to have represent him.  He is located in Redding, CA.  If anyone has any suggestions or help we would greatly appreciate it.  When we filed his NOD he also submitted a NEXUS (I think that's the correct term) letter from his private hearing test.

Does the nexus of opinion state any of these?

 

  1. “is due to” (100% sure)
  2. “more likely than not” (greater than 50%)
  3. “at least as likely as not” (equal to or greater than 50%)
  4. “not at least as likely as not” (less than 50%)
  5. “is not due to” (0%) "

The top three provide a favorable nexus of opinion. The other two are unfavorable.

In addition, a rationale for or against the claim must be present for all of the five.

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