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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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AirForceVet81

appeal....dro hearing request

Question

hello all......thank you all for your service to this country and also thank you for the help and advice that you all give to veterans with less knowledge. i have a question about appeals . a large part of my claim. which was recently denied depended heavily on marker evidence, i e evaluations, letters of counselling, reprimand ect  and i believe a large part of that evidence i believe is in my active duty personnel records. i assumed that v a had these records but when i requested my c-file those records nor my active duty medical records were included. i made several .attempts to the nprc for those records but they havent been able to locate them. so i guess i have a two part question, with the first being, does anyone know any other way that i may be able to retrieve those records? is it common for v a to decide cases without such important evidence as active duty records? duty to assist? thank you for any help

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A little more info, please. How about posting a redacted copy of the actual VA Denial Letter?

What does your POA VSR have to say? Have you filed a DOD & VA FOIA requesting "ALL" your C-File and Military Active Duty Records?

How about a redacted copy of the PTSD C & P DBQ?

Be sure that a DRO Hearing was requested, not just a DRO Review. Give consideration to filing an Official Request for a "DRO Informal Evidence Conference." Research the "Evidence Conference," in the VA M21 DRO Section.

Semper Fi

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I agree with Gastone

So they denied you on lack of or no evidence of record?

not sure what your claim is about but in a case where the veteran can't get or find his military records that would be pertinent favorable to his claim

You may need to get a IMO using a qualified Dr stating that it is likely as not this veteran condition is cause by his military service Using VA Procedures/ Guidelines.

 You can also use buddy statements to testify on your behalf as to what happen how it happen,location, if you an get within a 10 day period using morning reports or statement from your  C.O. or others from your unit that knew you and describe what happen.

  a Good detail lay statement from you and your spouse will be considered.

you can let them know you have tried hard to get your medical & service records from NRPC & other places as well (name them) but they say they can't find them and evidence in them will prove your claim and you ask that they consider your lay statements  because you can't get your military records to prove your case  ect,,,ect,,,ask for the benefit of doubt rule.

If you can put together a goood detailed lay statement and get buddy letters  that will help your claim...now rather or not they believe you is anyone's guess.

Edited by Buck52

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  • Our picks

    • 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? 
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    • In 2014 I put in a claim request for A&A due to housebound and secondary seizures to PTSD.    I request a legacy appeal to move to RAMP and now am in A Higher Level of Review.   It was in the Decision Review Stage in March 2019. It now is back to Gathering evidence.  I had requested  Feb 2019 for the VA to make a determination of the appeal based on all evidence currently in the case fine. It is now end of July 2019.  I just saw the estimated completion date of May 20, 2020 changed to August 2020.  The Modernnization/RAMP said that it would take approximately 120 days  Its now been 5 years since I submitted my claim and part  of that has been in appeal for close to four years.  How can I even tell if my appeal is being worked.  I am 65 years old and know I may have to send my appeal onto BVA, I may be dead before a conclusion is made.  I am also single so have no dependents that could receive back pay.  Is the VA playing me?  I have no representation or VSO
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    • VA Claims requires a lot of note taking - What  I use for note taking
      Trouble Remembering? This helped me.

      I have memory problems and as some of you may know I highly recommend Evernote and have for years. Though I've found that writing helps me remember more. I ran across Tom's videos on youtube, I'm a bit geeky and I also use an IPad so if you take notes on your IPad or you are thinking of going paperless check it out. I'm really happy with it, I use it with a program called Noteshelf 2.

      Click here to purchase your digital journal. HadIt.com receives a commission on each purchase.
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    • Do I have to quit my job?
      Hello everyone. See Below for what I received from VA

       

      A little about me currently. I have a job that is very low stress (work nights no people no stress) very secure because I work in a mountain so im surrounded by granite. I work on computers so it engages my mind and keeps me as active as possible and is my passion. So my question is do I have to quit my job? Thanks!

       

      June 23, 1999 June 30, 2019

      VA Benefit InformationSummary of benefit informationYou have one or more service-connected disabilities:Yes         Your combined service-connected evaluation is:100%               You are considered to be totally and permanently disabled due solely to your service-connected disabilities:Yes           The effective date of when you became totally and permanently disabled due to your service-connected disabilities:July 01, 2019

      major depression disorder, recurrent, severe, post traumatic stress disorder, insomnia disorder and eating disorder, NOS


                         100%


                               Service Connected



       

      SMC-S1

      Entitled to special monthly compensation under 38 U.S.C. 1114, subsection (s) and 38 CFR 3.350(i) on account of major depression disorder, recurrent, severe, post traumatic stress disorder, insomnia disorder and eating disorder, NOS rated 100 percent and additional service-connected disabilities of migraine including migraine variants, tinnitus, independently ratable at 60 percent or more from 07/01/2019.

      SMC-K1

      Entitled to special monthly compensation under 38 U.S.C. 1114, subsection (s) and 38 CFR 3.350(i) on account of major depression disorder, recurrent, severe, post traumatic stress disorder, insomnia disorder and eating disorder, NOS rated 100 percent and additional service-connected disabilities of migraine including migraine variants, tinnitus, independently ratable at 60 percent or more from 07/01/2019.

       

      Thanks all!

       
      • 61 replies
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