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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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AprilNC

Do claims just vanish from Ebenefits?

Question

I'll try to make this as short as possible with all of the info. Husbands info granted 60% for ptsd back in 2011 filed appeal using an attorney his ptsd has become so bad (medicated and lots of trips to the psych's) he resigned from his job which coincidentally was with the VAMC. His attorney isn't worth a crap so I took over and managed to get him increased to 70% in march ( I faxed hardship letter and supporting doc's in feb and 3 weeks later he received the increase.) His appeal finally went in front of VA law judge and we received a determination that He should have been rated at 70% from 2011 and in the words of the document the veterans appears to have been eligible for TDIU recommend veteran files form 21-8940 so I filled it out and uploaded it as requested on ebenefits along with the other forms they required last work place and some more medical files from the civilian hospital I had to commit him to because the VA didn't have a bed. Now they asked for the forms to be completed before Oct 12 2017 I finished everything double checked and uploaded all the requested information and forms. 10 days ago it went from under review to pending decision approval, yesterday I logged in to see if anything had changed and where it all was under manage claims there are no open claims now and under pending disabilities it is also gone and has not been moved to historical claims...any ideas?  Thank you 

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Yes, they "vanish" from ebenefits.   It can happen for AT LEAST 2 reasons:

1.  Lazy VA employees, OR VA employees "under pressure" to "get those claims out".  Here is a fast way to get em out of there.  Let's see..where is that "delete" key????

2.  A decision has been rendered, and the claim is pending a decision which is being mailed to you.  

     We dont know which, but you need to find out!   My suggest is to wait 2 weeks to a month.  In that time, it should become obvious whether its "number 1" or "number 2", above, because "stuff will happen" if a decison has been mailed to you, where an important one is that you get the envelope!  You also may see other changes on ebenefits such as a higher percentage than what you had before.  

My advice:  Wait 2 to 4 weeks, then take applicable action.  

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Thank you Broncovet, I do hope you're teasing about the first scenario I can be patient and if nothing changes or we don't get a letter I'll call. I've learned to keep copies of everything. thank you again 

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Like yourself, for the first couple years after I applied for VA benefits, I would have agreed with you.  "VA would not do such a thing."  (as destroy our evidence).  

However, in 2008, I discovered that to be "dead wrong".  VA DOES shred or delete evidence either "on purpose", or by accident.  

We dont know which, but VA says its "by accident".  

In 2008, I filed a "Special Handling Request due to mishandled evidence".   

My request was silently denied in an internal memo not because there was not mishandled evidence, but because the mishandled evidence was not in the narrow "18 month window"

ordered by then VASEC, Dr. Peake.   In other words, they shreded my evidence, but Not in the applicable 18 month "window".  

They can shred paper or delete electronic evidence.  

Follow up in about a month as it just might be because your claim was decided and a decision is on its way.  Lets hope that is the way it was with you.  It wasnt for me, and it meant I became homeless in 2005.  

Im no longer homeless, but i AM DETERMINED TO GET BACK PAY FOR WHEN THEY SHREDDED MY EVIDENCE.  

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Broncovet , I’m sorry you had to go through that. I hope you win your war. I’m fighting anothe battle with the va not just johns benefits. He was slapped by a va police officer while in a mental health crisis we’ve been fortunate to get some people to listen but it caused more trauma now it’s hell to take him to an appointment at the va campus. Good luck on your journey. 

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