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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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ColdWarVet8488

Delay in obtaining accurate coding & rating even after BVA hearing w a DC judge in 2016

Question

What should be my next move? 

Even after going before the BVA Washington DC  judge in Jan of 2016 & receiving a positive answer from him supporting my claims & being told by the judge that after 8 yrs of waiting for an answer (filed in 2008) I should receive a final decision w/in 6 months, it has now been 2.5 yrs. 

 

The judge said that "a grave injustice was done" to me in 1988 when i ETSed & VA miscoded my Sjögrens disease (a chronic systemic autoimmune disease & connective tissue disorder) as chronic dry eyes bc there was & is no VA disability code for Sjögrens even to this day. Although i had the triad of Sjögrens: dry eyes (i do not have adequate tear production), dry mouth (do not produce adequate saliva), polyarthralgia, they only rated my eye condition as conjunctivitis instead of lacrimal gland disorder. AND  according to the analogous regulation 38CFR 4.20, they should have coded me Lupus or Rheumatoid arthritis (an analogous systemic auto-immune disease) so that I could have put in for rating increases as my health declined, according to the judge.  

Time in service:

 

7/17/84-7/15/88

 

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Ok, so you were apparently awarded benefits by the board in 2016, and your varo has not implemented it and paid you?  

You need to contact your VARO immediately, and tell them what you told me.  

Then, send an IRIS email, with similar statments.

Then call the white house.  

Your last thing to do, other than witing the VAOIG, is to file a writ of mandamus to compel the VARO to implement the decision.  This is to be done last.  

You could also get your senator involved.  

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