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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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  • 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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    • How to get your questions answered...


      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.


      Leading to:

      Post clear questions and then give background info on them.

      Examples:

      A. I was previously denied for apnea – Should I refile a claim?


      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?



      B. I may have PTSD- how can I be sure?

      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?



      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

      Note:

      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
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    • Exams that were being sent strictly to contractors before, due to VAMCs not being open, are starting to be routed back to VAMCs. This is going forward from last Friday- not sure if prior scheduled exams will be re-created for VAMC vs vendor.
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    • Mere speculation in your VA C and P exam

      M21-1, Part III, Subpart iv, Chapter 3, Section D – Examination Reports III.iv.3.D.2.r. Examiner Statements that an Opinion Would be Speculative Pay careful attention to any conclusion by the examiner that an opinion could not be provided without resorting to mere speculation (or any similar language to that effect). VA may only accept a medical examiner’s … Continue reading
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      Fund HadIt.com Veteran to Veteran LLC


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Alpenliter

Effective date questioned

Question

I was recently awarded 100% disability, and the effective date went back to when I first took a stress test to evaluate my heart problems, 12 months earlier.  My question is: while looking at my EKG, both my cardiologist and my primary care provider commented that it showed that I had a heart attack as far back as 2013.  Should I file an appeal as to the effective date using the EKG that clearly states " Inferior infarct (cited on or before 10-May-2013)"?  I don't want to appear greedy, or "rock the boat", but don't want to walk away from money on the table if it's there. Thanking you in advance for any help on this.

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I believe it's worth a try to get his EED pushed back to the May 10 -2013 date  if he has the records to prove he was treated for it back then and he said he did?

But as Broncovet and Ms berta mention they are hurdles to clear.

I am thinking the award date filing on his claim  he can prove the disability was on-set/when first arise before he filed, had the VA cardiologist's notified him at that time  he could have filed a claim then, & he also has medical records to prove this date. I assume ( Medical Notes from both VA Cardiologist)

I am not sure what all he used in his EED/NOD  AS FOR AS HIS MEDICAL EVIDENCE AND STATEMENT? This is where an experienced attorney would be handy, how we word things makes a big difference on a  decision.

  I wish he had waited  just a little bit more  so we could have helped him better....so now it's just a matter of waiting? for the  EED decision.

Edited by Buck52

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I have medical notes from my PCP that on some conditions that have been diagnose that can/could be S.C.

Some of them  I   am being treated for  but I am just give out dealing with the VA CLAIMS PROCESS...so just never wanted to file on them  and maybe I should try to get them at least S.C....But since I am ok with my ratings I have now  I just let it ride.

My point is I know I could not get a EED back to these diagnosis & if I did get a grant on some of these  they would go by my first claim date filed for these contentions.conditions.

and since I am 100% with 2 SMC's there's no more $$ in the pot for me.  it would be just to get them S.C.

 

Edited by Buck52

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I guess my explanation was not clear-

My husband never formally applied for DMII.

His 1151 was primarly for better PTSD care but he threw in he believed since VA did not give him adequate care for his PTSD, that they might also have been negligent with diagnosing and treating  any potential heart disease and also his stroke.When he dies ( no substitution regs than) I had to start at day one as the claimant and proved he did have undiagnosed ,untreated heart disease and stroke.

So in that case maybe one could say the veteran did preserve an EED that he did not even know he had.

 

I didnt find out he had DMII from AO until 17 years after his death.He made no claim at all for diabetes,in his lifetime.

I was awarded direct SC DIC back to the date of his death. AO DMII contributing to his  death.

But that claim ( it took me weeks to decide how to even word the claim) was a misdiagnosed issue as well as an AO presumptive. I already received 1151 DIC so I claimed direct SC death instead.

The VA never rated the DMII at all. The award provided close to if not over 100,000 in ancillary and sundry  benefits.

We really dont have enough info to opine on this vet's chance at a better EED.

We dont even know yet what the 100% and SMC are for and what rating is specifically for the heart disease.

I am assuming that the prior EKG and post medical care was provided to this vet by the VA but  I have no idea if that is the fact here.

 

 

 

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