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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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paulcolrain

Med Evidence during Appeal

Question

after my BVA HEARING in may 2015.. and While waiting for the judges decision.,, the Regional office sent me to a QTC exam. this exam was done by request of the RO not the judge. the judge has yet to make a decision on my case but i just received my copy of this exam and it is so good in my favor infact it directly says key point is likely service connected. my Question is, should i assume that the BVA knows about this and already has this in my file as new evidence after the hearing or should i find out how to make this put into place so that they are forced to see it? 

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I would send the information certified, sign receipt to your RO Claims.........I would not take any chances of it being seen..... at least if you send it and they sign for it you now have a date of your evidence when you sent and when they signed at RO. I say when in doubt SEND!

 

Edited by Wayne TX
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Never assume anything, My preference would dictate that you deliver the document directly to the RO and request  a date stamped copy back. If that is not possible mail it Certified Mail Return Receipt Requested. Include a waiver of review by the office of original jurisdiction to keep the RO from bouncing your claim for another review and that waiver needs to be included no matter how you deliver the claim to the RO. IMHO the exam in itself will trigger a RO review and therefore a new decision.That might even produce a grant by the RO, thereby short stopping the long drawn out traditional appeal process without you doing anything.

If you get a letter from the BVA communicating that they received your claim in Washington at the BVA, send them a copy too, but make sure you send a waiver of review of the AOJ.  Again send it CMRRR.

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I agree with James.  When something similar happened to me, I sent a copy to the BVA and another one to the Evidence Intake center (VARO).  Believe me, if VA had not have "lost" aka shredded my evidence, I would already have an extra 4 years of retro in my account.  Instead, I have appeals.  

Even if my appeals fail, I will still consider a writ of mandamus to compel the VARO to comply with the Secretary's orders in 2008, where a Veteran was to be afforded "special handling due to mishandled evidence" when the Veteran requests it. (I did, but my request was denied "internally" and I did not know it until I got a copy of the RBA 4 years later.  

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JUST SOME MORE INFO... just to pick you all minds, please remember from my statement that i have already had the hearing at BVA DC office but have not yet gotten a decision. i did fill out a waiver all ready for the evidence i was submitting at time, so, do i actually fill out another waver and send the QTC exam results to both that with all trust lol should already have?

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