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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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SigBnSoldier

Appeal ? for the heavyweights

Question

Dear Hadit-

EED granted at BVA, sent to RO for rating.

RO rated PTSD w/Bipolar Disorder at 70% effective 11/20/2003

I believe IU should have been awarded as my SSDI records and award reasonably raise the issue of IU which wasn't considered.

Will this need to go to CAVC or back through the NOD process at the RO?  I'm getting conflicting answers from DAV and peggy etc...

 

P.S. SSDI was awarded 5 months prior to 11/20/03 solely on my service connected bipolar.

 

Edited by SigBnSoldier

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MY ANSWER IS KINDA IN A QUESTION.

PLEASE DONT BE FRUSTRATED

YOU STATE THAT THE S.A REASONABLY RISES ANSWER!!!!!!

SO IM GOING TO REMIND YOU THAT AS VETS WE ALWAYS LOOK AT THINGS TO BE OBJECTIVE AND DONT REALLY RECOGNIZE THAT THEY MIGHT BE SUBJECTIVE.....

WITH THAT BEING SAID, REVIEW AGAIN WHAT YOU THINK IS SOLID THEN FILE NOD TO GET RESPONSE.... THIS WAY YOU HAVE A DIRECTION.... VA RESPONSES TO NOD ARE SUPPOSED TO PROVIDE DIRECTION OF HOW TO DISPROVE THERE FINDING.

RE LOOK WITH FRESH EYES CUS CVAC WILL NOT SIDE ON SUBJECTIVE EVIDENCE ALONE.

( AND FORGIVE ME IF I MISSED OTHER PARTS BUT VA WILL NEVER PAY YOU FOR ANYTHING YOU NEVER APPLIED FOR EVEN IF YOU HAVE PROOF IT EXISTED ) I READ YOUR GRANT AND PLEASE LOOK AT ISSUES.... BECAUSE YOU ONLY HAVE 3 AND NONE STATE IU????

 

Edited by paulcolrain

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The top of Page 9 of the BVA decision says they awarded 100% Nov 29, 2014 for the psychiatric disability.

 "I am super grateful for the huge retro payment, but feel it's a lowball because I think they should have also granted IU as I was awarded ssdi 5 months prior to the 2003 va denial, solely on my service connected disabilities.  Anyway, here's my BVA grant, "

I don't get the TDIU-70% either.

Also I did not see in the BVA decision any mention of any SSA award.

If the VA never received notice of this award , they did not have to consider it.

Are you able to scan the recent  decision from the RO ,that explains the retro, and attach it here? (cover C file # name prior to scanning it) (maybe the $$$ hit the bank before that letter has arrived)

Something does seem odd here---an SSA award solely for service connected conditions, should usually garner 100% SC- and the BVA award does state the 100%.........

BY THE WAY:

This was won because I overcame presumption of regularity, VA did not inform me of rating denial back in 2003."

You had quite a victory on that!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

I commend you for doing all you could to get this rectified, while dealing with so much personally.

And we sure never see many vets who succeed on Presumption of Regularity.

Your BVA case should help other vets if they have the same problems you had.

Thanks for attaching it here!

Did you ever formally file for TDIU?

I know that is an odd question, because they don't award TDIU without a claim for it- but something is wrong here---

Yet, as long as the cash is correct -something you need to check over,-maybe their recent retro award will make some sense.

Copngrats-you did an exemplary job on all of this!

 

 

 

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Congratulations:

This bears repeating for other Vets benefit:

Quote

This was won because I overcame presumption of regularity, VA did not inform me of rating denial back in 2003."

 

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2 hours ago, Berta said:

The top of Page 9 of the BVA decision says they awarded 100% Nov 29, 2014 for the psychiatric disability.

 "I am super grateful for the huge retro payment, but feel it's a lowball because I think they should have also granted IU as I was awarded ssdi 5 months prior to the 2003 va denial, solely on my service connected disabilities.  Anyway, here's my BVA grant, "

I don't get the TDIU-70% either.

Also I did not see in the BVA decision any mention of any SSA award.

If the VA never received notice of this award , they did not have to consider it.

Are you able to scan the recent  decision from the RO ,that explains the retro, and attach it here? (cover C file # name prior to scanning it) (maybe the $$$ hit the bank before that letter has arrived)

Something does seem odd here---an SSA award solely for service connected conditions, should usually garner 100% SC- and the BVA award does state the 100%.........

BY THE WAY:

This was won because I overcame presumption of regularity, VA did not inform me of rating denial back in 2003."

You had quite a victory on that!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

I commend you for doing all you could to get this rectified, while dealing with so much personally.

And we sure never see many vets who succeed on Presumption of Regularity.

Your BVA case should help other vets if they have the same problems you had.

Thanks for attaching it here!

Did you ever formally file for TDIU?

I know that is an odd question, because they don't award TDIU without a claim for it- but something is wrong here---

Yet, as long as the cash is correct -something you need to check over,-maybe their recent retro award will make some sense.

Copngrats-you did an exemplary job on all of this!

 

 

 

VA was aware of SSDI award back in 2003, thats the reason they disallowed the pension grant, my income was too high.

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Last year, I won TDIU during the period of 2004-2006, even tho I was 100 percent prior to applying for TDIU.  

(It was an appeal from the CAVC, which was remanded to the board).  

The earlier VARO decision had stated that TDIU was "moot" because I was awarded 100 percent.     I disputed this, arguing that TDIU was "not moot" because an award of tdiu could result in an earlier effective date for 100 percent.  

The Board agreed with me, specifically stating that tdiu was "not moot", and remanded it back to the VARO, which the VARO denied.  

Finally, I won TDIU with a favorable voc rehab assessment (IMO for voc rehab), at the Board level.  

I was represented by an attorney in Dallas Texas, and there is no doubt I would "not" have won this without an attorney.  

The attorney fees were negligible mostly because I hired the attorney at the right time, which is after a board decision.  The attorney got a Joint Motion for Remand at the CAVC AND my attorney fees paid by EAJA.  (This often happens at the CAVC level, when the VEt wins "at least a remand" at the cavc).  

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