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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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Okemos_Veteran74

A general response to be written on form 9

Question

 

 

 I am going to file for an appeal to go to the bva. I haven't decided who will represent me in my bva hearing, but I want to go ahead and file my form 9 so that I don't miss my 2-month window.

  I would like to ask for some suggestions on how to write a generic or standard response to the question of why I am filing an appeal. I want to make it as open a statement as I can so that if later I need to add something I can.

 

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Here is how I write my I9's:   Get a copy of the VARO/DRO review decisions in front of you, as well as your complete medical file.  

Pay particular attention to the decision's "reasons and bases" and try to refute them.  For example,

The VARO decision of 12-3-17 stated "there is no evidence of TBI".  However, Doc. G stated on Nov.12, 2017, "This Veteran suffers from TBI".  

In other words, you refute the decisions reasons and bases with evidence from your file, demonstrating you either had(have) new evidence, or the rater did not read it.

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The I 9 is your chance to show that you deserve a higher rating. (or service connection)  So, using the CFR's and the Caluza elements, demonstrate how your evidence indicates you deserve a higher rating or service connection.  

Keep "your opinion" out of it, as it does not matter what you think, every Vet thinks he deserves a higher rating.  Instead, show how the CFR's and the criteria for rating shows that you, indeed, deserve a higher rating (or service connection for a denied condition).  

Do a search "criteria for depression 38 cfr" and you will probably get a list of the criteria.  If you dont know what the Caluza elements are, then do a search on hadit, as I have discussed this many times.  

Edited by broncovet

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On 3/8/2018 at 6:13 AM, Okemos_Veteran74 said:

I have the following ratings;

  1. 70% PTSD
  2. 40% TBI
  3. 10% Tinnutus

I was granted TDIU based  on my PTSD rating.

According to ebenefits, and the Pyschologist who did my PTSD C&P, my PTSD is p&t.

I havent been officially denied for SMC-S.  I have a 50% rating between my tbi and tinnitus rating.   

I want to appeal a c&p's for visual disorder (double vision), and headaches.  That would give me 60% beyond my PTSD rating.  From what little i know about this, that is enough for SMP=S, right?

 

 

The combined disability total is: 81.1% The rounded number would be 80% disability for these combined ratings according to VA Math...70% 30% 10% is 80%

To get to the 100% you will need another rated S.C. Condition at 80% or a combined ratings to equal 80%

 This is based on if you were rated IU For the 70% ptsd using the extra scheduler.?

VA does it this way to make it hard to reach the 100% (jmo)

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I would like to echo Broncovet in the way to file your form 9.  I did my own with no VSO help.  I went line by line with everything they denied and refuted it with either medical evidence or 38 cfr.  After I finished with it I took it into my DAV rep for him look over it and fax it to the VA.  He liked it so much that he asked me if he could make a copy to use as an example for others.  It took a lot of research on my part. 

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