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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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WKresher

Appeal or New Condition?

Question

I have just been awarded a total of 30% on a disability that occurred many years ago.  I disagree with the findings but was told by the local VA Advocate that appeals can take 2-8 years but that I could re-apply in one year and one day with additional documentation.  (I was very fortunate in the quickness of my award so think a new request would be faster than 2-8 years; even waiting the one year).  In the meantime I am having additional issues on the opposite leg - am going to Palo Alto tomorrow for an MRI.  This is all new to me and am wondering if others have found similar timing?  If the MRI diagnosis a different injury I'd like to send that in for an additional percentage now but am worried it will get included in the first award and be a 2-8 year timeframe.  Any insight or advice on what to ask or look for would be greatly appreciated.

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Call 800-827-1000 (Peggy). Get them to initiate a reconsideration based on the information that was contained in the record when they processed your claim.

You can get a reconsideration. Its in the law now, so its legit. Fill out a VBA-21-4138-ARE form. Detail the exact nature of the dispute, include references to all info that the rating official had when they processed your claim. If there is new information that supports that information, include it as attachment and upload it all into EBenefits. It took mine 4 months. My case was dealing with lumbar spine and neuropathy of both legs. They low-balled my left leg. I documented references to the severity of the condition, and noted that according to the USC and CFR, that my leg should be rated 40% and not 10%. They gave me the 40%. 

Notice that you have 12 months to appeal. Don't wait to long if you want to appeal because if they dont process this fast enough, it will eat away that year so stay alert.

Edited by pwrslm
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