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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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Proposal to Sever Service-Connection


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So I received the dreaded envelope that I had been expecting from my fiasco of a C&P exam. They're proposing to sever-not reduce-but sever my service connection on three issues, all related to radiculopathy and neuropathy. I found an office that doesn't mind filling out the paper work, it's just they're booked 6 weeks out. 

I requested a hearing with the hope that it'll take more than 60 days to schedule it, and with the hopes that I can get a diagnoses and a DBQ form filled out with the proper information. I'm also gathering letters, and writing my own, referencing the BVA's decision on my behalf for these issues back in 2015. It's psychologically draining and going through this, I can begin to see why so many veterans live with no optimism and feel like they have no hope. The constant harassing of the VA is tiresome. In my opinion, the system is severely jacked up when a C&P exam can take place on May 18, and 26 days later, they have a decision, but then wait a week to mail it to you, thereby giving you only 50 days to submit evidence. But submit a claim or two, and it takes them almost a decade to sort through their crap in order for you to win a case. I will be writing my Congressperson and Senators about this problem (not that I expect a fix).

 Just venting, but I'm not giving up.

Semper Fi,

Sgt. Wilky

 

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Thank you to everyone who is trying to help me! I will do my best to answer the questions and find the information you've all requested. I have to look through my binders of info!

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If you search out here for the below training manual you can read about the examinations. See if you fit in or if someone has just screwed up. Thanks to pwrslm for posting this.

The RO training manual: M21-1

Asked by pwrslm 

M21-1, Part III, Subpart iv, Chapter 3, Section A - Examination Requests Overview

Article ID: 554400000015809

Chapter 3   Examinations
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The ten year rule does not always apply:

§3.957   Service connection.

Service connection for any disability or death granted or continued under title 38 U.S.C., which has been in effect for 10 or more years will not be severed except upon a showing that the original grant was based on fraud or it is clearly shown from military records that the person concerned did not have the requisite service or character of discharge. The 10-year period will be computed from the effective date of the Department of Veterans Affairs finding of service connection to the effective date of the rating decision severing service connection, after compliance with §3.105(d). The protection afforded in this section extends to claims for dependency and indemnity compensation or death compensation.

(Authority: 38 U.S.C. 1159)

[33 FR 15286, Oct. 15, 1968]

§3.105   Revision of decisions.

The provisions of this section apply except where an award was based on an act of commission or omission by the payee, or with his or her knowledge (§3.500(b)); there is a change in law or a Department of Veterans Affairs issue, or a change in interpretation of law or a Department of Veterans Affairs issue (§3.114); or the evidence establishes that service connection was clearly illegal. The provisions with respect to the date of discontinuance of benefits are applicable to running awards. Where the award has been suspended, and it is determined that no additional payments are in order, the award will be discontinued effective date of last payment.

(d) Severance of service connection. Subject to the limitations contained in §§3.114 and 3.957, service connection will be severed only where evidence establishes that it is clearly and unmistakably erroneous (the burden of proof being upon the Government). (Where service connection is severed because of a change in or interpretation of a law or Department of Veterans Affairs issue, the provisions of §3.114 are for application.) A change in diagnosis may be accepted as a basis for severance action if the examining physician or physicians or other proper medical authority certifies that, in the light of all accumulated evidence, the diagnosis on which service connection was predicated is clearly erroneous. This certification must be accompanied by a summary of the facts, findings, and reasons supporting the conclusion. When severance of service connection is considered warranted, a rating proposing severance will be prepared setting forth all material facts and reasons. The claimant will be notified at his or her latest address of record of the contemplated action and furnished detailed reasons therefor and will be given 60 days for the presentation of additional evidence to show that service connection should be maintained. Unless otherwise provided in paragraph (i) of this section, if additional evidence is not received within that period, final rating action will be taken and the award will be reduced or discontinued, if in order, effective the last day of the month in which a 60-day period from the date of notice to the beneficiary of the final rating action expires.

(Authority: 38 U.S.C. 5112(b)(6))

 

I don't see anywhere in here where a half-assed C&P exam, that forfeited many sections of the DBQ, qualifies as "clearly and unmistakably erroneous" evidence. The VA certified my proposition based off an erroneous and incomplete C&P exam. 

Also, (d) states: "A change in diagnosis may be accepted as a basis for severance action if the examining physician or physicians or other proper medical authority certifies that, in the light of all accumulated evidence, the diagnosis on which service connection was predicated is clearly erroneous." It says, "...may..." not "...must..."

The more I keep searching (without knowing their full reasoning) the more I'm finding and believing that I'm being harassed by the VA.

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It always pays of to do our own research ( jmo) or get with other members here that has done that been there ect,,ect,,,

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14 hours ago, Flyfishingnut said:

I to have had a reduction.  Went for a C&P, and came out with a reduction on something entirely different, on a different part of my body.  I wrote to the Regional office (San Diego), and asked how this could be, and explain the situation.  My question to them was, it took 2 1/2 year to finally get a Disability Rating, and 15 min, to get a denial, and to top it off a reduction on another Disability.  The Dr. stood in the corner and had me sit down and he asked questions, sorry, he touch my left foot with a pin for I guess a Diabetes test. Surprisingly the Regional office replied less than a week later and set me up for another exam.  My question is with all the monies spent by the VA, for Drs, equipment, why are they farming C&P/QTCs out to other private vendors.  They could keep the money in-house and have the Vet, seen by VA Dr.  STUPID! STUPID!  Guess they figure it's not their money. 

 

They are paid by the VA to lie and de rail your claim.

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