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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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Doc8482M8404

Is this a CUE

Question

I was reviewing my feet C&P exam and I was made and discharged 7/03/1991 with orthotics so I feel that that rating should’ve been effective date of discharge. The problem is I did not know that I was eligible for benefits until 2014 and that’s when I filed. 
Also I am service-connected for my lumbar,  on that same C&P exam it shows the CT exam I had bulging disc‘s L3 through S1 in service and then I had surgery in 1999 and that was the connecting factor to the service connection for the lumbar spine so I feel that that should’ve been service connected to date of back surgery if not date of discharge because the condition already existed.  

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What if the VA Never Issued a Decision on My Original Application?

If the VA failed to issue a decision on your original application for benefits, and you later file a new application, the effective date may be the date of your original application. This will be true, however, only if the medical evidence shows that your disability had arisen by the date of the first application. Also, you must be able to prove you applied for benefits earlier and there must not have been any communication from the VA that could have been perceived as a denial letter. Other legal matters must also be considered that require consultation with a Attorney. or Accredited VA Claims Agent.

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You still have to apply for benefits.  The VA does not "presume" you want to apply for benefits, just because you had an issue in service.  

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5 hours ago, broncovet said:

You still have to apply for benefits.  The VA does not "presume" you want to apply for benefits, just because you had an issue in service.  

Not only that, but the VA, during a C&P, can advise you to fill a claim for something they, the doc, sees during your exam.  But if you do not file, well you are just out.  I have had it happen twice, but, I did take their advise, and I did get service connected.  But the date is the date of MY new claim, not the date of the exam where the doc told me to file, etc.

You need to file, and file now for what you think you may have a claim for.  Just like getting married and reserving the best place to have it, you send out a "save the date" card.  You need to file your "save the date" claim as soon as possible.  Worry about the details later.

Just sayin,

Hamslice

 

 

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Buck I think your post is from NOLO:

"What if the VA Never Issued a Decision on My Original Application?

If the VA failed to issue a decision on your original application for benefits, and you later file a new application, the effective date may be the date of your original application. This will be true, however, only if the medical evidence shows that your disability had arisen by the date of the first application. Also, you must be able to prove you applied for benefits earlier and there must not have been any communication from the VA that could have been perceived as a denial letter. Other legal matters must also be considered that require consultation with a VA disability attorney."

https://www.nolo.com/legal-encyclopedia/va-determines-effective-dates-disability-compensation-when-veterans-back-pay-starts.html

Nolo has good info but it is dated and not very concise.

 

 

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Roger that Ms berta..I notice that too but just trying to help out. or let the veteran understand a little better.

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