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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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Guest Pdiddy

CUE

Question

Guest Pdiddy

I received a determination letter stating that my husband's stomach issues and liver tenderness would not have been a symptom of HCV noting that these started prior to Viet Nam, where he was wounded.  He totally messed up the dates.  Injury occurred 05/70 symptoms started 07/70 - shown in his medical records.

One medical examiner stated that his medical records did not show he received a transfusion.  That's because there are no records from his time in the hospital in Saigon.  Maybe I should restate that-those records were requested beginning 1999, again 2001 by my husband and by me in 2016.  None were ever produced. 

Would either of these qualify for cue?

The VA made their decision, denial of course, after I had requested his c-file and again, the medical records from the dates he was in the hospital.   I requested and extension, 30 days after I receive the info.   Wouldn't they have to honor that request?

Thanks

Pat    

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Certain injuries are more likely to receive a transfusion. First, if you are a combat Vet and you say you got a transfusion-that's the story VA has to accept. You do not need the records. It's called the combat presumption accorded all of us combat Vets under 38 USC 1154. If he was medivac'd out to Camp Zama, the  records exist. The NPRC stores hospital records in a different building than the Sick Call records. Same for military records. I've requested NPRC info 3 times and gotten three different sets of records back. 

I use my congressman and NARA a lot and there's a new place up in College Park Md. with tons of records that JCRUR  uses all the time to confirm stressors.

P.S. 

US Army 3rd Field Hospital, Saigon, Vietnam 1968

 

Edited by asknod

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I moved your other posts to this topic:

http://community.hadit.com/profile/23887-pdiddy/

This is very confusing...I thought your husband bled to death in a VA hospital.

That happened in the local VAMC about a year ago,.so it is possible.

I thought you were claiming negligence due to a botched kidney transplant.

 

 

 

Edited by Berta

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Good for you, Berta.  We dont always have time to read other posts to know what is going on, so its good if the relevant ones are lumped together.  

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In October you asked:

"Berta,

Is 1151 the same as DIC Under 38 U.S.C. 1151 ?  (that acronym needs to be changed-is means death is coming in medical terms)

May sound like a silly question but I have found semantics is everything when it comes to a claim."

I explained DIC is a medical term and does not mean 'death is coming' if it appears in med recs.

It does seem to be the condition your husband died from.

I cannot figure out what type of claim you filed.

If the PH said the 'claim died with the veteran" that surprised me because the PH is usually on the ball.But that is what the DAV told me decades ago and I quickly rattled off the regulations that calls for how a claim can be resurrected.It would not matter in your case unless there was a claim pending when your husband died.

This is the second post here today from a spouse and unfortunately we really do not have the info we need to even opine on these two claims.

What did the Death Certificate say?

Under # 1and also # 2.

Was an autopsy done? If so do you have a copy of it.?

When did he die?

And was he under VA health care when he died?

Your comment above is Correct YES this is a war of the words and semantics mean everything.And the regulations control the semantics.

Did he have any SC ratings in his lifetime and if so what for?

 

 

 

 

 

 

 

 

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Broncovet said:

"We dont always have time to read other posts to know what is going on, so its good if the relevant ones are lumped together.  "

 

You are right .I never really have time to read the other posts and get upset when I have to.....because a new topic has been started that is relevant to something they put in a different forum.

 

 

 

 

 

 

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