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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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GatorNavy

need to fix a claim

Question

I goofed. There was a decision dated 27 April 2016 that had multiple contentions that should have went into the NOD.  The NOD did not contain the core issues, thus the SOC read like a mongolian road map. The decision did not list critical, positive evidence which were two C&P exams dated 4 April 2015. Each exam suggested "Total" disability on two distinctly different anatomical body systems. I am vascillating between this world and the next. So Ol' unca Joe is movin kinna slow at the junction. SMC-S should have been in the NOD as well. I put all of these contentions (which should have been on appeal) on a 256ez instead of a NOD. Can I still put in another NOD listing these additional contentions? How do I withdraw the 256 claim? All but one contention on the 256ez need to go on the NOD. Thanks in advance...

 

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You may have to wait now and hope the VA can figure it out?  if you meet the SMC-S Criteria  they should infer it,  as it is a statutory rating...so watch that carefully  when you get your decision.

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You have until April 2017, to add an addendum to the NOD......it might not work ( I would try it however)but it seems to me they missed probative evidence, that a CUE claim might get a faster resolve on.

"The decision did not list critical, positive evidence which were two C&P exams dated 4 April 2015. Each exam suggested "Total" disability on two distinctly different anatomical body systems."

The decision might contain a CUE regarding SMC.

Can you scan and attach here the actual decision and the evidence list they used? Cover C file # ,name etc prior to scanning it.

Buck is right SMC is mandated by law when the evidence warrants it.

I won a CUE on SMC. The veteran (my husband had 100% P & T for PTSD and additional 1151 disabilities totalling 100%)and the VA never inferred SMC. So I filed CUE.

I filed it as a Lack of consideration of the SMC Mandate,in spite of evidence in VA's possession, to the deceased veteran's detriment.It was an accrued retroactive award.

We need to see the rating sheet as well.....if they even enclosed one...

Then again you said they missed the 2 C & P exams from 2015 .....do you have copies of those exams?

Edited by Berta
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That sounds like a good strategy. I will make an anon copy of the decision. I have the c&p exams as well. I read the m21 today and found out that I need to do a "Request to withdraw" and specify which contentions to drop from the 256 claim before they make a decision on it.

I will see if I have the rating sheet. I had a representative then and I know sometimes they send it to them and not the veteran. The NOD was certified to the BVA but hopefully they will pull the c-file back if I can get the additional NOD in before I get a docket number at the BVA.

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ALL IVE EVER SEEN IS,,, NEVER STATE WITHDRAW ANYTHING... NEVER SAY SORRY... JUST ADD TO AND LET THEM FIGURE IT OUT.. MORE DATES ON PAPER IS BETTER THAN WORSE. AT ONE TIME I SAID YES IM HAPPY WITH THE INCREASE BUT I WANT TO ARGUE THE TIME GIVEN. THEY SENT ME A LETTER SAYING THAT I AGREED TO ALL. THEN I HAD TO FIGHT THAT I SAID NO TO THE DATE. SO STUPID TO GIVE THEM ANY TYPE OF LETTER CONTAINING A YES.

Edited by paulcolrain

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21 hours ago, Buck52 said:

You may have to wait now and hope the VA can figure it out?  if you meet the SMC-S Criteria  they should infer it,  as it is a statutory rating...so watch that carefully  when you get your decision.

This varo infers nothing. I had to push for 8 years to get to 100%. They ignore any positive evidence including Vista records. When you shove the evidence in their face, they go into "develop to deny" mode. They do it by hammering on multiple c&p exams until they get the negative results they need to deny the claim.

They actually gave the benefit of the doubt to themselves once. When they are forced to grant, they always lowball and you can bet the effective dates are wrong and always against the veteran. I had to practically light their a$$ on fire to get them to work on a BVA remand which 2 years later they are still screwed up and now the ping pong ball is going back to the BVA. How many other varos  are like this one? Don't everyone stand up all at once now!

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