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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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dino220

Disability claims appeals after one year

Question

I submitted a claim and was frustrated with the results. it was denied. I did not go back and submit an appeal.

I know now that I should have. my question: Is there anything I can do? It has been more than

a year.

 

Thanks;

Dino220

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3 answers to this question

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Dino220 I think filing a new claim may be your only option but others can chime in.

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DINO, your NOD boat has sailed, but all is not lost. I know it's not Thanksgiving, but we need to Talk Turkey, now. Do you have a MHV or E-Ben Account? Filing the NEW Claim as an FDC (Fastest Decision) or Regular claim (Decision could take 12 - 18 mos) is your only option now.

In order to get a grip on your situation, you need to post a "REDACTED" copy of your Denial Letter. When discussing New, Old or Denied Claims, more info is always better than less.

On your list of "To Do's," filing a VA "FOIA" request for your C-File (I'd recommend by Fax) is the easiest. You need to see everything the VA Rater was looking at, when the Denial Decision was made.

Do you currently have a DX'd MH or Physical condition that you believe is Service connected? If this is the same condition that was Denied, why do you think the Denial was in error?

Semper Fi

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Or re=open the older denial with New and Material evidence.

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