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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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Question

Hi everyone this is my first time posting but i’ve been reading things on here for a few months now. I have my disability claim in and i’ve gone through my c&p exam and it’s still pending. But my question is simply if the doctor diagnoes you with something other then you put on your claim do you have to make a new one to get rated for that diagnosis?

Edit: ok so to explain more i put in for anxiety even though i was suffering from other symptom while in the military aftrr my c&p the doctor said i have schizophrenia and happened while in service. So do i now have to re submit for schizophrenia?

Edited by morgan122210

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Yes because what your claiming wasn't diagnosed so they don't do the work for you and file for it... It would save allot of time and frustration if they did.

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Hi everyone this is my first time posting but i’ve been reading things on here for a few months now. I have my disability claim in and i’ve gone through my c&p exam and it’s still pending. But my question is simply if the doctor diagnoes you with something other then you put on your claim do you have to make a new one to get rated for that diagnosis?

 

Edit: ok so to explain more i put in for anxiety even though i was suffering from other symptom while in the military aftrr my c&p the doctor said i have schizophrenia and happened while in service. So do i now have to re submit for schizophrenia?

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morgan,

Yes, you will probably have to do a claim for it.  The VA usually will not do it for you.

During a C&P for my right shoulder, the C&P examiner compared my right shoulder x-ray with a comparison left shoulder x-ray, she told me by the way you have arthritis in you left shoulder also.  So, after my rating came back for my right shoulder, I did submit a new claim for my left shoulder using the C&P examiners own report as my evidence and won that claim also.

I just was denied an increase (2016) for my right foot plantar fasciitis, however, the C&P examiner said in her report that I had arthritis in my right ankle.  The rater returned the claim to the examiner and asked her if the arthritic ankle was secondary to the plantar fasciitis and would it be rated separately and the examiner stated that yes it was at least a likely cause by my plantar fasciitis and that it should be rated separately.  But, when my claim came back, nothing was said about either the arthritis or the ankle.  I will be submitting a new claim for right ankle arthritis secondary to my plantar fasciitis and use there own words to win.  I hope.

I would wait and see what your rating letter says, and then proceed accordingly,

Hamslice

 

 

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Was the doctor doing a C & P for a different MH issue?

"Edit: ok so to explain more i put in for anxiety even though i was suffering from other symptom while in the military aftrr my c&p the doctor said i have schizophrenia and happened while in service. So do i now have to re submit for schizophrenia?"

He could have re characterized the anxiety into schizophrenia.

 This might not need a separate claim.

Sometimes the VA will re characterize an issue. I posted a BVA decision here the other day to show a vet here what I meant.

It is not a bad thing by any means, usually working out well for the veteran when VA does that, as your doctor made a statement based on your SMRS, that is Golden:

the doctor said i have schizophrenia and happened while in service."

You could write to the VARO and request the claim be recharacterized yourself, based on the C & P exam.

Maybe that is a good move on your part to do that ASAP

....because I have seen very few claims re- characterized at the RO level, but the BVA will do that ,if denied for the anxiety claim,and then would potentially set up a remand, further adding to the backlog.....for a claim that should Not even have to go to the BVA in the first place.

The BVA has made the point  many times that we are not MH professionals, we are claimants and often do not know what the proper diagnosis is for what we claim....and that all claims require a "sympathetic reading."   (I think that is in 38 CFR 4.1 et al)

- but that also depends on if the rater can

                                                           read !              .:wacko:

 

 

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