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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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Colternbo

BVA granted dis-dis is much worse than 5 yrs ago tho

Question

Hello: My husband was granted disability for COPD related to asbestos exposure. He served in the USN.  The BVA granted the disability Oct 10 2018. His disability is markedly worse since the appeal was started in 2014. How does whe make the VA aware that he uses oxygen due to the COPD (he thinks the COPD, if using his med records from 2014, would be ~30%). 

The appeal process is long and he knows that he was given an answer sooner than some. His question: Is he rated at where his disability was when he started the appeal process in 2014 (and ultimately back pay received at that rate) or is there a way to update med records so initial rating is based on current state of disability?  Hoping this makes sense - thank you for any help  

 

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Yours is a great question which makes sense to all except VA Executives who sit in an oval office making choices like this for us.  

You should apply for an increase "right away", and submit it probably as "new and material evidence 38 cfr 3.156 b (pending claim).  Of course, VA can mess this up also, like it sounds like they did your initial claim.  If your husband is COPD, Im pretty sure this is a life threatening condition making you eligible for special treatment such as an advance on the docket.  

There is a special provision on increases, and you may be able to get an increase backdated a year.  Its not your fault VA sat on your claim for 5 years.  

Edited by broncovet

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I am probably asking this question in the wrong place, please forgive me I am new to site and new to posting.

About a month and a half ago I was granted TDUI, the BVA letter says back to March of 2004. I was also increased from 50% to 70% by BVA.

I asked by chat  to the VA what was happening with my my BVA grant. There answer was BVA grant is pending. Pending meaning what ? Any help appreciated

Thank you

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On 11/7/2018 at 9:39 AM, broncovet said:

Yours is a great question which makes sense to all except VA Executives who sit in an oval office making choices like this for us.  

You should apply for an increase "right away", and submit it probably as "new and material evidence 38 cfr 3.156 b (pending claim).  Of course, VA can mess this up also, like it sounds like they did your initial claim.  If your husband is COPD, Im pretty sure this is a life threatening condition making you eligible for special treatment such as an advance on the docket.  

There is a special provision on increases, and you may be able to get an increase backdated a year.  Its not your fault VA sat on your claim for 5 years.  

Thank you very much for your quick reply. Yes, the COPD is lifelong. Your reply is clearly written, but I want to make certain I understand your suggestion - he should ask for a rating increase even though he hasn’t been rated for the COPD yet and we will add the new med records/evidence with the request?  Thank you again. We have been using this site as lurkers for a few years and always impressed with the quality of responses. 

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Rag Ft. Myers:  

    Please ask your question, again in a "new" post, not in someone elses.  Its confusing to all of us to know which question we are answering.  You are new, so I will answer your question this one time only.  

    Unfortunately, you can not count on everything a VA employee, a VSO, or someone on "chat" tells you.  You have been led astray.  

When you get a BVA decision, the next step is that the VARO has to "implement" the Board decision.  The Board decision is "not" pending, after you received the letter.  

     You are waiting on a VARO implementation of the Board decision.  This is supposed to be done "expiditiously", since the decision has already been made by the BVA and its just a matter of carry out what the VARO was told to do by the Board.  

     My advice is to make sure VA has your correct address, your banking information etc.  Then, you could call the white house hotline and tell them your problem.  

     Congratulations, you are in for a mega mucho retro, back to 2004, minus, of course, the monies you have already received.  

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