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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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Solo

Remember the veteran with the scalpel.

Question

His attorney pretty much losing the case for him because the attorney is inexperienced.

https://scholar.google.com/scholar_case?case=6651099112084686325&q=ftca+veteran&hl=en&scisbd=2&as_sdt=6,34

This isn't the 1990's anymore. The VA made the news for settling too many claims, so they are not settling unless you prove your case. If you don't know how to file your SF-95 then you are screwed. Even an attorney can mess up.

You have 6 months to file a lawsuit after it is denied by the VA. You use up 3 months and the US attorney uses up 2 months and the judge uses over 1 month for the order, then you are out of time to file another claim if it gets dismissed without prejudice. It is a very slow process in court, so you only have one shot to get it right the first time.

To keep your claim alive, the judge has to allow you to amend your complaint. Getting your case dismissed with or without prejudice means it is all over for you.

Edited by Solo
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Another thing you have to realize these days is that there are more independent contractors working for the VA. The VA can't fill over 30,000 vacancy and the VA choice program are not available to veterans living within 50 miles of the VA. The VA has to hire independent contractors to fill the vacant positions.

https://www.wric.com/news/8-investigates/loophole-allows-the-va-to-deny-marine-s-malpractice-claim/1281662692

 

Most of those University Residents that you see working at the VA are being supervised by a consulting physician. Neither the Resident or their supervisor are employees of the VA.

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      Disability Calculator: Veterans Compensation Rate Calculator

      10 + 50 = 50 and other VA math mysteries explained.

      VA Math It’s Not Your Mother’s Arithmetic “VA Math” is the way that the VA computes combined impairment ratings for multiple conditions in a Veteran’s compensation benefits claim – and it requires that you unlearn real math. When a Veteran has multiple medical conditions that are service connected, and the Veterans Affairs rates each at a different percentage, it would seem that they should just add up your percentages to get to a total body impairment rating. Continue Reading

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