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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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NOD Question


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I have submitted requests to reopen a few items the VA denied initially in 2001 and 2008. I have also requested some increases of items they did approve in 2001. SO my question is concerning submitting a NOD if I disagree with the VA. Do I submit one NOD per claim even if I have multiple disagreements for that claim like percentage and effective date? Or would I submit an individual NOD for the effective date and one for the rating?

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You should submit "one" Nod form for each VARO decision.  

Example:

For your 2001 decision, you should submit a NOD disputing 2 issues:

Disability percentage and effective dates.

Ditto for the 2008 claim.  

BUT WAIT!!!!!   Dont submit a nod on a 2008 or 2001 claim!!!!!   Why?  Because it will be automatically denied as its not filed timely (within a year).  There ARE exceptions, however to this.  One example is if you did not receive the applicable notices of your rights to appeal.  

If you dispute a 2008 claim, there are ways to do that.  

1.  As you mentioned, you can "reopen due to new and material evidence" 38 CFR 3.156C.  (new service records).  

2.  You can also dispute a 2008 (or 2001) claim on the bases of Clear Unmistakable Error. but you would want to post this on hadit, to see if hadit members agree this rises to the level of the Cue standard of review.  

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Did they give reason as to why they denied to reopen your claims? for 2001 &2008? 

or do you mean you were denied  back then in your original claims?

  You do refer to reopen! Just remember they do have special circumstances when REOPENING CLAIMS.

I agree with broncovet  file NOD Appeal claims separate. 

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Thanks! I have not received the decisions yet. Just getting my knowledge up to speed before they come in. I hope they say yes to all and back date the couple that should be. I also hope to win the lottery this week. 🙂 This forum has been a great help in understanding the true nature of the VAs approach in dealing with our claims. 

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