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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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Question

Well I just wanted to give an update of what has since happened with my NOD/ APPEAL claim. I got a call from the Office of the VA Secretary yesterday in reference to the email i sent them about my claim status. Well I am not surprised (you may not be either if you know my story) to report that they told me that my NOD was either invalid or expired. Ha Ha Ha....They tried it. I have yet to receive the official letter in the mail as they just closed this out yesterday as that being the explanation. They stated that it was expired because my claim was fully developed and there was no decrease in my ratings for my claim that was filed in December 2012 for the PTSD and Back pain. I was never disputing  the December 2012 claim I filed the NOD and TDIU for the claim that was closed out in June 2014 for increase in the PTSD and back pain in which they denied those claims for increase. They also stated something along the lines of that they believed i only filed and was concerned with the IU (which is true). However they cancelled the IU claim because of the open appeal. Well this all seems like a big cluster fart. I am not fretting and I have gotten my C -file ordered. My VSO , Texas Veterans Commission, believes that I should win my TDIU claim based on my file (We spent 2 hours going over the codes and evidence that is in my C-file line by line) my whole case being  as he put it " really complicated" . At this point all i really care about is getting the IU approved and having it back dated to at least the date that I filed the original one in August 2012. The VSO said that they will represent me if I choose to file a CUE and that they have been pretty successful in the past. I guess at this point I am just waiting to hear back from the VA Secretary's Office to see where we go from here. I have all of my documentation ready and now I wait. I was going to send in the quick claim but I dont want them to not get my full SSA record before making the decision. I also dont know if its better to get an attorney or let TVC handle it.

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Get an attorney. You are in a legal issue.

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I agree.  Any time there is a significant amount of retro on the line,  it is definitely better to hire an attorney who only gets paid if you win.  There are good VSO's out there but there are also vso's that seem to work for VA rather than the veteran,  and they get paid regardless if you win or lose.  Best of luck to you. 

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Not sure what state your located in,  but I highly recommend piemonte law firm and also the ATTIG Law firm is excellent, Chris Attig is the main attorney I believe, and the first thing they do is request your complete cfile. 

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Thanks Flores.  I received a call today from the VA Secretary office and was told that the appeal was invalid because I did not check a box on the form. It took them well over two years to tell me that! Smh....still very ridiculous and I  definitely going to fight this. Also waiting on results of the most recent tdiu claim. We shall see what happens. So much  of a mess. 

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