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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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TLaff

CUE, NOD or WAIT ???

Question

Filed for TDIU was denied however VA sent me for C&P exams for Cervical, Lumbar, Migraines and Mental Health, I was told even though my my cervical, lumbar and Migraines should all be increased (will show below C&P exam statements) the examiner will NOT use those contentions on making his decision because they are all 3 in an appeal status (dated 2013 still waiting on appeal) so it screws me out of TDIU.

Question?? Even though those 3 are in appeal shouldn't he of raised the ratings according to the C&P exam results immediately? or does that too have to wait for the appeal to go through??  If these increases are given to me i would be at 100% scheduler.

 

Was rated at 30% cervical due to ROM's this recent C&P exam states (Unfavorable Ankylosis of the entire cervical spine, that should go to 40%)

Was rated at 40% Lumbar Thoracic do to ROM's this recent C&P exam states (Favorable Ankylosis of the entire thoracolumbar spine, that should go to 50%)

Was rated at 30% for Headaches including Migraines and this new C&P exam states (YES to having very prostrating and prolonged attacks of migraines/non-migraine pain of severe economic inadaptability this should be rated at 50%)

Need Advice Please!

T

Edited by TLaff

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You were denied TDIU but have 90%?

Were you employed when they denied TDIU?

Have you started a different thread here recently?

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Yes i was and am 90% when i filed and have not worked since Nov, Dec 2014

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So which disease/ injury is ratable at 100% schedular. I'm lost.

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I think he  means the 3 disability's he has been  S.C. & rated for and if he gets them  increase to 50% 40% 40%  that will put him up to the 100% Unfortunately this is wrong  if this is his way of thinking.

In my calculations with VA Math  those rating combined is a rating of 82%  so it would be a combined rating of 80%

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