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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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bolt_vet23

NOD Finally Processed

Question

After 2.5 years, the VA finally completed my NOD for sleep apnea.  The appeal shows completed in eBenefits, however, the disability still shows as "Not Service Connected" in Rated Disabilities.  I then tried to generate a VA Benefit Verification letter and noticed that my disability % was lowered from 90% to 70%, but my monthly payment amount still reflects the 90% amount.  I know that I need to wait for the official letter in the mail, but I wanted to ask a question regarding the NOD process.  Can a NOD result in a disability being reduced?  

 

Thanks 

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Several things.  First, NO, a NOD can not result in a reduction.  In order to reduce you, they have to first send you a letter of the proposed reduction, and give you an opportunity for a hearing.  If they fail to follow their own procedures the reduction can be declared "null and void" by the courts.  

Next, as always, you just have to wait for the letter like everyone else.  I know its tempting to "hang your hat" on ebenefits, but it is wrong far too often to do this.  

The bottom line is you need to wait for the letter and then likely appeal (the board) decision to the CAVC, if applicable.  The good news is this is a great time to hire an attorney (after a board denial) as the attorney fees are often paid for by EAJA not by you.  

If I were you, I would be "making a list" of attorneys you intend to send your board decision to when it arrives to see if they think there is an appealable issue.  (a mistake in the board decision).  

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      Disability Calculator: Veterans Compensation Rate Calculator

      10 + 50 = 50 and other VA math mysteries explained.

      VA Math It’s Not Your Mother’s Arithmetic “VA Math” is the way that the VA computes combined impairment ratings for multiple conditions in a Veteran’s compensation benefits claim – and it requires that you unlearn real math. When a Veteran has multiple medical conditions that are service connected, and the Veterans Affairs rates each at a different percentage, it would seem that they should just add up your percentages to get to a total body impairment rating. Continue Reading

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