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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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    • How to get your questions answered...


      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.


      Leading to:

      Post clear questions and then give background info on them.

      Examples:

      A. I was previously denied for apnea – Should I refile a claim?


      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?



      B. I may have PTSD- how can I be sure?

      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?



      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

      Note:

      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
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    • Mere speculation in your VA C and P exam

      M21-1, Part III, Subpart iv, Chapter 3, Section D – Examination Reports III.iv.3.D.2.r. Examiner Statements that an Opinion Would be Speculative Pay careful attention to any conclusion by the examiner that an opinion could not be provided without resorting to mere speculation (or any similar language to that effect). VA may only accept a medical examiner’s … Continue reading
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    • It's time to ask for help from the community. If you can help with a gift it would be very appreciated.

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jfrei

Never formally applied

Question

I never actually formally applies the woman in charge don’t waste my time a year ago I’ll deny you can drive to your appointments. Fast forward one year I’ve been going to treatment for two years for my TBI I was put on SSdI and made 100 p and t. Just recently I’ve been seeking care for myself, along with my two children 1 and 4 so I may attend my 2 to 3 appointments a week for cognitive therapy. Now my wife has to continue working a part time job so we don’t lose our home. I was denied SMC they said because I can swallow a pill on my own and they never addressed actually remembering to take my meds. But I’m tired of the appeal game and I am already talking to a vso who is reviewing my case. I have two letters from my doctors saying I’m in treatment for my serious injuries and another one suggesting 2 to 3 appointments are needed weekly to regain the highest level of functioning again. But then says I need my spouse for my medication management. Should I actually formally apply to the caregiver program on Monday? 

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If you think you meet the criteria, by all means apply.  No apply = no benefits.  This said, SMC is inferred when you meet the criteria, so, if you can show you met the criteria earlier, you should get that date for your effective date.  

Edited by broncovet

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I know if I wanted to I could fight for an EED for 100% P and T I didn’t magically go from 90 to IU then P and T all in one year like the paper trail they have shows. I should have had it back dated to July 2010 not Nov. 2016. But that’s a discussion worth having with the VSO whenever he finishes reading my claim issues. I will email him on Monday since it’s been almost a week with no word...

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Of course, you can "fight" VA for an eed, the issue is whether or not you can win that fight.  To find out, it would require a thorough read and invesigation of your claims file by someone skilled at VA law.  Your VSO is likely "out of his league" on effective dates.  You probably need a professional, that is, an attorney.  

One reason is that GS7 raters dont have the authority to approve a document which will result in 100,000 or more retro.  That takes a judge.  The VA wont tell you this..they would rather you give up.  

You can send your most recent bva decision to a law firm, and they can evaluate whether or not you have a good shot at an eed.  If they offer representation, then you know you have a good claim, and high likeliness of winning.  

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so being that they said my EED was June of this year and not when I filed from 2010 can be appealed? If that’s correct that would make my so called 90% over the 100 hump backdating my. 100 to 2010 and not 2016. This game gets so confusing..

 

Edited by jfrei

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Finally officially applied and the  CG manager said it would take 30-60 days for a decision?Really my Poly trauma manager laughed when I suggested I also send a copy to the address on the application see who gets done first.

Edited by jfrei

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    • How to get your questions answered...


      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.


      Leading to:

      Post clear questions and then give background info on them.

      Examples:

      A. I was previously denied for apnea – Should I refile a claim?


      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?



      B. I may have PTSD- how can I be sure?

      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?



      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

      Note:

      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
      • 2 replies
    • Exams that were being sent strictly to contractors before, due to VAMCs not being open, are starting to be routed back to VAMCs. This is going forward from last Friday- not sure if prior scheduled exams will be re-created for VAMC vs vendor.
      • 7 replies
    • Mere speculation in your VA C and P exam

      M21-1, Part III, Subpart iv, Chapter 3, Section D – Examination Reports III.iv.3.D.2.r. Examiner Statements that an Opinion Would be Speculative Pay careful attention to any conclusion by the examiner that an opinion could not be provided without resorting to mere speculation (or any similar language to that effect). VA may only accept a medical examiner’s … Continue reading
      • 0 replies
    • A favor please - just changed servers so if you have a moment...
      A favor please - just changed servers so if you have a moment go to https://www.hadit.com I'd like to see how the server handles a lot of traffic. So if you have a moment click the link and i can see how things are going on the back end.
      • 11 replies
    • It's time to ask for help from the community. If you can help with a gift it would be very appreciated.

      Fund HadIt.com Veteran to Veteran LLC


      Give a financial gift to help with the upkeep of HadIt.com. HadIt.com is NOT a non profit. Gifts are not tax deductible, they are just gifts. 
      • 11 replies
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