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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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Crabcake

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Good day everyone! New member here, and just wanted to say hello and thank you for the plethora of information on this site. It's a bit overwhelming reading through and understanding a lot of the terms, terminology, etc., but it's much appreciated to have such a wonderful resource to help us veterans navigate the cluster known as the VA.

I'm already SC at 40% for low back strain, tinnitus and bursitis in both shoulders. I am embarking on the process to file for an increase, as all of these conditions have significantly increased in severity since I was rated about 16 years ago. The process seems even more daunting now than it did then, so I'm hoping to get some help on how best to navigate the ins & outs to make it as efficient as possible and minimize mistakes, oversights & delays due to my ignorance of the process.

Thanks - in advance - for any assistance you all may provide!

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Welcome aboard Crabcake!

Our acronym lists is here

http://community.hadit.com/topic/66258-hadit-acronyms/#comment-406963

and Yes, it all can be quite overwheming!

 

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I THINK THE VA has change a lot in the past 16 years (JMO)

Pros & Cons  and is debatable.

 Unfortunately They do make it harder for veterans claims , but since they added the VCAA its a little better.

Veterans Claims Assistance Act (VCAA)

In November 2000, Congress passed the Veterans Claims Assistance Act (VCAA) to define what VA's responsibilities are in assisting claimants in obtaining evidence to support a claim and also to define the responsibilities of the claimant. VCAA responsibilities are as follows:

VA's Responsibilities include:

Obtaining relevant records from any Federal agency. This may include records from the military, VA Medical Centers (including private facilities where VA authorized treatment), or the Social Security Administration.

Providing a medical examination, or obtaining a medical opinion, if determined it is necessary to decide the claim.

A Claimant's Responsibilities include:

Obtaining relevant records not held by a Federal agency. This may include records from State or local governments, private doctors and hospitals, or current or former employers. VA may assist in obtaining these records.

Providing enough information to VA so that records may be requested.

 They however pro-bid VA Dr's to help with comp claims,(write nexus letters ec,,ect,,,) but you can use the progress notes when favorable from'' Myhealthyvet'' in e-benefits.

  if perhaps you don't have an e-benefits account? (Myhealthvet)  you can go to your local VAMC and request then to set you up an account and how to use it  its fairly simple.

You can file for increase but before you do,....> file the ITF (intent to file)  this will start your EED and it gives you 1 year to file and during that time you can gather up medical evidence of opinion  that your current S.C. Disability has got worse over the years and submit medical evidence that it has  worsen, usually a private an IMO (independent medical opinion ) or IME (independent medical exam) from a MD or medical specialist in the field of medicine your claiming.and your lay statement in support of your claim.

That works best in my opinion.

 Also you can find here on hadit  or( google search) what degree your disability has worsen after a Qualified Specialist states his/her opinion...and in your claim you ask that your S.C. disability be rated in full & highest rating allowed by Law.

I wish you the best  and Welcome to Hadit.com glad to have you here with us & feel free to ask your VA Related questions , members here will help you and guide to through this VA Maze of a mess we all face at one time or another.

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

Edited by Buck52
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Great info Buck, this always bears repeating....as to the VCAA.

They call it the 5103 waiver now I think.

My VCAA letter for my 2003 claim was erroneous and when that claim wernt to the BVA I asked the BVA to remand it because of the legal violation. My former vet reps and even in a letter from their Director were alltrying to get me to accept the illegal VCAA letter and would not ask the RO to change it (they are all gone from this  org now... he he)

BVA agreed but remanded instead for a third VA quack opinion. When that was done, I rebutted their 3rd opinion and BVA weighed my evidence and awarded and called the VCAA issue a moot one because my evidence outweighed theirs. I bring this up because I sure am not the first claimant this happened to and many many remands at BVA in the years after VCAA became law, were remanded for the same violation of the VCAA. That is when the backlog grew.

VCAA depends on Pelegrino case for most claimants, and the CAVC Hupp decision determines VCAA notice for survivors.My reps didnt know of either Case. I wonder how many other claimants claims they screwed up with this type of legal violation of our Rights. :wacko:We dont have that many rights to begin with.

 

 

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Thank you all for the welcome! I appreciate it, as well as the information shared re: the VCAA. I clearly have a LOT of reading to do.

I actually tried to post a thread about my case (what I have for SC ratings and the conditions that have worsened), and when I hit submit, it said that I did not have permission to post and I lost it all. Maybe there is a waiting period before one can post that I needed to hold off for. I'll start a thread in that forum in hopes of getting some advice & pointers in the right direction. I did already file a notice of intent with the VA, so that is done.

Thanks again! :)

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