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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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mbl22885

From Pending Decision Approval to Under Review.

Question

Has anyone ever had this happen on ebenefits? To be clear; my claim was at pending decision approval yesterday, and now today my claim is at under review. I know at pending decision approval they can send it back for more evidence, but doesn't the claim usually go back to gathering of evidence? 

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Happens allot with FDC claims means they maybe sending you back to another C&P as a guess.. just my opinion with no details about claim

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8 minutes ago, jfrei said:

Happens allot with FDC claims means they maybe sending you back to another C&P as a guess.. just my opinion with no details about claim

I supplied them with a pdf copy of M21-1R, part III, subpart iv,6, B and said if it wasn't applied accordingly to my claim that I would immediately file a CUE. It's not a FDC either. 

And from my experience and what I've read on here, when they send you back for a c and p, they send you back to gathering of evidence. 

Edited by mbl22885

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yes that is right my mistake it would be back to gathering of evidence how did you submit this claim Ebennies, or a your RO? But honestly Ive actually had this happen one day I called to see if it was a glitch and in my case it was? But there are other reasons Im sure someone else I hope will chime in

Edited by jfrei

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13 minutes ago, jfrei said:

yes that is right my mistake it would be back to gathering of evidence how did you submit this claim Ebennies, or a your RO? But honestly Ive actually had this happen one day I called to see if it was a glitch and in my case it was? But there are other reasons Im sure someone else I hope will chime in

Ebennies. I haven't really looked into va stuff hardcore in a while and I'm honestly beat down most days that I couldn't dedicate the time and energy to go hardcore again, but I knew about the vas duty to infer and the m-21 letter jumble it falls under. So I started ebenefits chats and iris inquiries seeking info and got the bs answers you'd expect. Then I'd save the conversations as PDF files and submit them as part of my claim and say "the va is obligated by law to assist veterans in claims and these are the resources we are provided." 

Eventually (and not easily) I found the updated m-21 word jumble for the vas duty to infer, and it was basically the same thing as before except they had removed "duty to infer" and replaced it with "issues within scope."

And it's legalise, but it's legalise that's incredibly favorable for veterans. One of the main favorable things is that the va is supposed to give the available evidence a "sympathetic reading," and the VA hardly ever applies any of this. And the VSOS know this. It's why they tell vets who get to 100% scheduler to not try for more. 

So I raised hell with whoever I could think of. State senator, WWP and IAVA, Presidential Veteran complaint line, direct e-mail to the president, and so on. 

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Had there been any changes with your claim 

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