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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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asknod

CUE Karmageddon

Question

I love antique CUE. VA makes so many mistakes  it's almost impossible not to find one of these in your files. Finding another after you find one in the same decision is a hoot, too.

https://asknod.org/2017/08/05/malcolm-in-the-middle-part-iv-karmageddon/

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They need to do away with the 1 year bullsh*t.  

Most Veterans post service can't find the a$$, much less become medical legal expert witnesses in less than a year.

Maybe we could find a new Veteran willing to submit a claim for every ailment in the Merck manual.  2 or 3 thousand issues.  Then he would be covered for some thing that pops up three years later.

Just sayin,

Hamslice

Asknod, a good read, thanks..

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I agree with Hamslice.  The problem I have with the one year limitations on appeal are twofold:

1.  Why a deadline for Veterans, and no deadline for VA to process the claim?  Is this a claimant friendly, non adversarial system?  If it were claimant friendly non adversarial, then VA would have a deadline of processing claims of 1 year, and the Veteran could appeal at any time.  

2.  Again, I dont view as a claimant friendly non adversarial system where, if the VETERAN fails to appeal within the one year deadline he suffers the "penalty" of raising the standard of review to the obstenatcious "cue" standard of review.    In other words, since the Veteran was probably suffering from PTSD, and or other disorders, let's penalize him for doing precisely what this causes...putting off stuff you really need to do.  

     I see this right now with my son.  He should have gone to the VA within a year of discharge, gotten evaluated, and applied for benefits.  No, he wont do that, in no small part because of his military training ("suck it up, soldier, you are fine").  This happens even tho my son sees nothing wrong with living in his house without electricity or water.  "I did not have electricity or running water in Iraq, so I dont need it now."

      Its as if he is still in Iraq.  I cant help him, and by the time he eventually sees that he needs help, it may well be too late.  I dont know what he saw there, but I do know he needs help. 

      The so called "non adversarial claimant friendly" system is a farce, designed to lure Veterans into thinking VA or their VSO is their friend.  

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Not only is there no statute of limitations for apply for VA benefits, there is also no limit to the number of times you can apply for benefits. This means that if you are denied benefits at every level of appeal, you can start all over again with a brand new application.

 At this point I would recommend an experience VA Rep  or VA Disability Attorney as to see what course of actions you should take.

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To reopen a previously denied claim REQUIRES new and material evidence not previously considered (38 CFR 3.156) 

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Roger that, Big Poppa, but imagine how far we've come from "a well-grounded claim" in the pre-2001/pre-VCAA days. Nowadays, N&ME can be as vicarious as a statement from your wife, a new letter from your doctor re your ailments or finding old STRs from service which were not part of the record before the agency in the last adjudication process. Our rights as claimants continue to increase exponetially each and every day. I think the biggest one is allowing JSRRC records in as 3.156(c) evidence allowing for a much earlier effective date, assuming, of course, you had the wherewithal to have filed when you exited the service.

In some instances, when we appeal all the way to the CAVC or Fed. Circus, we create new case law for those who follow in our steps later. Think of Joe Fenderson, Norm Gilbert, Benito Layno and all the others who lost but made it possible for us to win at this poker game. Worry less about what the VA adjudication system isn't and focus on the miracle that even allows us to file a Motion to Revise or to keep reopening it until we prevail. No other comparable system exists in constitutional law. It is unique to the VA and no other.

The absolute best part is being allowed to practice law and fix these antique inequities for Vets. If VA ever decides to be honest and grant what is due without a fight, I'd be out of a job in short order. Which, incidentally, would suit me just fine. I'd rather spend my last days farting around in a VA-provided greenhouse!

Another thing many of us overlook is the value of what Theresa created here. How many of you would still be dead in the water without the knowledge of our combined experiences discussed here? Very few Veterans websites have such a valuable collection of wins and a careful explanation of how to repair prior errors. The only thing I observe is that some tend to offer advice based entirely on their personal experience and presume it is applicable in all instances. In all my years doing this (28), I see one constant-no two claims are remotely alike. Each one is a unique set of circumstances that requires legal insight-not experience. I stared at Malcolm's claim for six years and walked past a simple, basic error even a VLJ and a CAVC Judge and her acolytes missed. I was also itching to use my newly-coined word Karmageddon, too. Another NOVA atty. friend gives it a 6-1 odds of a win at Houston. My VLJ friend gives it a 2-1 based on who gets the docket in DC and a 5/9 of a reversal and win at the CAVC- all of which are better odds than emptying your wallet at a casino.

Win or Die

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    • Yes 

      After a PTSD/Unspecific MDD Diagnose From the VA Dr's

      The gold standard for diagnosing PTSD is a structured clinical interview such as the Clinician-Administered PTSD Scale (CAPS-5). When necessary, the PCL-5 can be scored to provide a provisional PTSD DSM 5 diagnosis.

      Any clinical clinician such as MD ,Psychiatrist even a L.C.S.W. (Certified)can perform the Diagnostics Evaluation Employed by the the VA

      ...They just need to figure out your symptoms and put together a list of your symptom's that you possess or show from the evaluation...I am not 100% Sure just how they do this ?

      being I am not a Dr or clinical clinician 

      Once a Diagnoses of PTSD is given they try to set you up with a Therapist to help with your New dx And how to adjust or cope with the Anxiety and Depression the PTSD can cause.

        you learn the tools to cope with and depending how severe your symptoms are ? 

       They test /screen you with phychoeducational type therapy treatment usually at first.

       Warning  some of this therapy can be very rough on a Veteran  from holding on to guilt  from the trauma its self or you maybe in a  ''stuck point''from memories and guilt or from the stressor's or anything that reminds you of the trauma you endured.

      The therapy works  even if we think it don't,  I recommend Therapy for all PTSD Veterans  it could very well save your life once the correct therapy is in place and the Veteran makes all his Clinical Appointments.

      I still have Combat PTSD it probably will never be cured completely but we can learn the tools it takes to cope with this horrible diseases 

      even learning breathing techniques  Helps tremendously during a panic attact.

      I have guilt from the war in Vietnam  ( I ask my self what could I have done to make a better outcome/difference?..and also I am in what the therapist calls stuck points. working on that at present once a week for 90 minutes.  I am very fortunate to have the help the VA gives me and I am lucky I have not turned to alcohol or drugs to mask my problem.

      But I have put my family through a living hell with my angers of burst.and they all stood by me the whole time years and years of my family life was disrupted because of me and my children &spouse  never deserved it one bit.

      That's all I want to say about that.

      At least I am still around. and plan to be tell my old age dying day.
    • No timeframe gotta love that answer it’s even better when you ask 1800 people or call the board directly they’ll say you’ll know sooner then later. I had mine advanced and it was about 2 months later until I had the decision in my hand which seems forever but in the present system in 2016 lightning fast...
        • Thanks
    • I am serviced connected for ankylosing spondylitis back in 1985. I had a C&P exam on 7-7-19 since I am asking for an increase in my cervical, thoracic, and lumbosacral ratings. After speaking with the DAV to find out progress and info on my exam, the Rep. noted sort of what I expected. Radiculopathy was noted and ROM was 0-15 for cervical, and 0-25 for back. I am currently rated as Cervical 30%, Thoracic 10%, and Lumbosacral 40%. The main question that I have is relating to the thoracic 10% and lumbosacral 40%. I am confused on these two. Is Lumbosacral separate from the thoracic/others ? Since my back ROM is at 0-25, does this mean that my thoracic might increase from the 10% to a higher rating ? I am confused how they break down my ratings from cervical at 30%, Thoracic at 10%, and Lumbosacral at 40%. Also, with the radiculopathy, is this something that they will rate also ? I am currently at 90% total combined for all my disabilities. I hope this helps for someone to give me advice/answers.
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    • Thank you @GeekySquid for your reply. 

       

      I have redacted personal information for my documents listed below. 

      I look forward to your reply. 

      HEADACHE STR 2006 copy_Redacted.pdf

      HEADACHE-DBQ.pdf

      Pages from Original Denial-Grant Reasons_Redacted.pdf
    • Hello Defenders of freedom!

      I have a question pertaining to this denial for headaches. The decision letter is quoted below. 

       

      3. Service connection for headaches.

      "We may grant service connection for a disability which began in military service or was caused by some event or experience in service.

      Your STRs are negative for any treatment of or diagnosis of headaches. On your post-deployment exam in 2005 you denied any headaches. On separation, you denied any headaches. VA treatment records are negative for any treatment of or diagnosis of headaches. On VA exam, the examiner stated there was no evidence of any residuals of a traumatic brain injury.

      We have denied service connection for headaches because the evidence of record fails to show this disability was incurred in or caused by military service."

      From my understanding these 3 points must be overturned to successfully win a CUE case:

       (1) either the correct facts, as they were known at the time, were not before the adjudicator or the statutory or regulatory provisions in existence at that time were incorrectly applied; 

      (2) the error must be undebatable and of the sort which, had it not been made, would have manifestly changed the outcome at the time of the prior determination

      and (3) a determination that there was CUE must be based on the record and law that existed at the time of the prior adjudication in question.  

      @Berta, or veterans out here who have knowledge/experience, tell me what facts you think would be needed to prove this denial for headaches was an error? 
      • 14 replies
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