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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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Let me start by giving you a short summary of myself and my situation. I joined he Army when I was 19 going on 20. I was in excellent shape and health, and have I spent the last 34 years in the military and my body has broke down on me  more ways than I care to think about. while on active duty I went to the doctors multiple times for knee pain in both knees. Back in November of 2015 my unit was conducting a 12 mile ruck march and my knee's gave out on me twice during the march,  resulting in my falling. I went to the ER and a Line of Duty (LOD) was completed, and my LOD was approved for both knees and feet.  I had surgery on one of my knees and have constant pain in both knee's. I have had a cortisone shot in my knees as well as the Synvisc shots which has not helped.  I have submitted a claim to increase my disability which part of the claim was for both knees and feet with arthritis, I sent in the paperwork from active duty from going to the doctors for knee pain as well as the approved LOD, he claim was denied stating not service connected. I resubmitted it with additional documentation and it was still disapproved stating not service connected. So my question is I have always been told as long as you have documentation in your medical file it should be approved. Since I have submitted the documentation from active duty for bilateral knee pain as well as my approved LOD, I'm just trying to figure out why it would not be service connected. any idea's why it would not be approved. or was I just giving bad information to start with?

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Hello TDM1212 and welcome to Hadit!

Also, welcome to the stupid, infuriating world of dealing with the VA!   Just because you have overwhelming evidence doesn't mean the VA will approve anything.  

 It will help everyone help you if you post redacted versions of your VA letters.  

Do you have a Veteran's Service Organization (VSO)?  A good one can help you immensely.

From your post, it sounds like you have already been denied, appealed (notice of disagreement (NOD)), been denied, and are now at the stage of submitting a Form 9 appeal.  

Your second denial should have included a Statement Of the Case (SOC).  If so, you have 60 days from the day that was sent to appeal your case.  FILE A FORM 9 BEFORE THEN!!  

As far as the appeal, it may take years but the Board of Veteran's Appeals (BVA) is way better at their jobs than your local VA office.  I have won all of my BVA appeals with the same evidence that the local office denied me on.  

 

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About 80 percent of first time claimants are denied, and this includes even ones like your self where it should be a "no brainer".  

My claim was also denied, like yours, even when I had all 3 Caluza elements in place.  

You need to appeal, begining by filing a NOD.  Read the denial decision carefully and base your NOD in refuting the "reasons and bases" for denial.  

You must file this NOD within a year, or, well its gonna be much more difficult.  

Use the NOD form:

https://www.va.gov/vaforms/form_detail.asp?FormNo=21-0958

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