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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

NOD granted, Timeline, Need Advice


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10 hours ago, doc25 said:

I was under the impression it was BVA. My fault. Now that we know it was a DRO review. Move forward and appeal to the BVA. 

DAV or Veteran's lawyer will definitely help with that. I'm about 75% sure the BVA will provide due diligence to your case. 25% I leave it to the possibility that they may still get it wrong. If that happens take it to the Court of Appeals for Veterans Claims (CAVC ) If the CAVC still gets it wrong. Take it to the Supreme Court.

 

You are right. They rated me for bladder injury, which should be rated under voiding dysfunction. In ebenefits it lists interstitial cystitis status post TVT for urinary incontinence. Voiding dysfunction doesn't have a rating schedule for 30%? Not sure why this was even applied? Waiting on my envelope so I can start filing the Form 9. Love your quote, BTW. 😉 Thank you!

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Dont take any action based on ebenefits.  Once you get the official envelope, THEN decide what to do.  Likely, you will appeal any denials, and may also appeal the effective date, and perhaps the disability percentage.  

The official envelope will give a reasons and bases for denial.  You need this to file a NOD, hopefully, refuting their reasons.  

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8 hours ago, AFMedic09 said:

You are right. They rated me for bladder injury, which should be rated under voiding dysfunction. In ebenefits it lists interstitial cystitis status post TVT for urinary incontinence. Voiding dysfunction doesn't have a rating schedule for 30%? Not sure why this was even applied? Waiting on my envelope so I can start filing the Form 9. Love your quote, BTW. 😉 Thank you!

Yea, there appears to be an error on how bladder injury was rated. If I'm not mistaken, the ratings scheduler should have rated the higher of the two; being voiding dysfunction. 

 

HOW DOES VA DECIDE WHICH DIAGNOSTIC CODE THE SYMPTOM SHOULD BE CONSIDERED UNDER?

By law, VA must choose whichever condition would most benefit the veteran. In other words, they must assign the symptom of concern to whichever condition will get the veteran the highest overall combined rating.

So....the DRO did not follow the law on the issue of bladder injury. Boom!

On the issue of GERD, under Code 7346 hiatal hernia, I still think your symptoms are rateable, at the very least, 30%.

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