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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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I currently have a claim in for herniated discs and sciatica as a secondary condition to my service connected lumbarsacral strain. My claim was in the Prep for Decision Phase a week ago but now has been kicked back to the Gathering of Evidence Phase and a C&P exam and medical opinion has been requested by the rater because of a new condition that I have that has been noticed since I filed my claim in Sept 2016. Apparently the rating saw that I have a CT Scan in my file that shows that I have Minimal levoscoliosis. No Signifcant abnormality of alignment. Vertebral body heights are preserved. Mild to moderate disk degeneration is present at C3-C4 C4-C5 and C6-C7. At most mild disc degeneration at the other cervical levels.  Multilevel small disc osteophyte complex is present without significant spinal canal stenosis.  Uncovertebral DJD causes neural foraminal stenosis as follows: Mild bilateral C2-C3 and left C3-C4, moderate to severe right C4-C5. The rater is requesting a medical opinion to find out if my cervical conditions can be considered to be secondary to my lower lumbar condition.  I am currently receiving 20% for Lumbosacral Strain, 20% Right Lower Extremity Radiculopathy, 20% Left Lower Extremity Radiculopathy. My question is being that the rating is requesting if the cervical condition is secondary could the condition be granted without me filing a claim for it.

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I would wait for the letter from the VA.  I had a simular thing happen and even though the rater asked the examiner to opine on something that I did not claim to include whether it was as least as lik

Well, yes, there can be inferred claims, especially if the c and p examiner makes a note of the secondary condition. Robinson states that VA has a duty to maximize the claim.  Altho they get away with

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I would wait for the letter from the VA.  I had a simular thing happen and even though the rater asked the examiner to opine on something that I did not claim to include whether it was as least as likely as not caused by, etc.., it was not mentioned in my letter.  The examiner was even asked and she did opine that it was caused by and as least as likely greater than 50% etc..

I am filing another claim for it.

Not sure were the rater was going with the questions, but it was on a reffered part of the claim.

Hamslice

 

Edited by Hamslice
damn spelling
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Well, yes, there can be inferred claims, especially if the c and p examiner makes a note of the secondary condition. Robinson states that VA has a duty to maximize the claim.  Altho they get away with not doing this, it is a suprise when they do.  This sounds like your good fortune, but follow up to make sure they did file the inferred secondary condition.  

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