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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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treysnonna

Treysnonna

Question

Ebenefits is showing a claim for a new exam for hubbys heart.  This is the third exam.  He was just in hospital in Aug for pulmonary embolism. I uploaded paperwork.   I think it will show that his heart condition is worse and now the right side of the heart has problems.   I checked for them to make a decision on it.   Do they usually leave the percent at the same or could they possibly increase it?  The diagnosis from the hospital stay says chronic copd, Chronic CHF, sleep apnea for at least 10 yrs using cpap,  and acute kidney failure.  Now we do have a remanded  appeal for ckd and iu.  But should we go ahead and file a claim for all this.  They do not usually just go ahead and grant these things, right.  Or will they just go ahead maybe and grant 100 percent for the heart.  And how long does it take for them to decide.  It is due to close between 1-18 and 02-15.

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I noticed this question did not get answered, but I seem to recall answering a similar question earlier?  

Anyway, I try to make sure questions get answered.  

This said, there are at least 2 questions that there are not good answers for:

1.  Ebenefits.  Its not reliable, so its just not productive to speculate on what ebenefits means when the date changes, etc.  

2.  "How long does it take VA to" questions.  We dont know how long VA will take..they have no deadlines, and will complete your claim not one second before they decide to do just that.  Remember, VA has a financial incentive for delaying your claim:  They can pay it out of next years, or the following year's budget...at 0 percent interest.  Or, better yet, if the claimant dies and the claimants family does not know he can "substitute" the claim dies with the Vet.

    All this said, you posted:

Quote

 I think it will show that his heart condition is worse 

I would humbly suggest you READ his file and see if it is worse.  Time after time, Vets "think" this evidence is in the file, and it turns out it isnt.  Dont take chances with your own life, read what the file says, and, if the evidence is unfavorable, take action.  

    As to your question about whether or not they will increase it or leave it the same, this too, should be evidence based.  Does the record show that his condition met the criteria for an increase?  Read it.  

    I apologize if I seem harsh..but, when I was a newbie people asked me if I had a copy of the cfile.  

     I thought..gee, I dont need that..I already told you what it said.  And, I found it it did not say anything close to what I thought.  

     Whenever I speak with an attorney, they ALWAYS want to see the evidence..and the applicable decision.  Sure, I want them to advise me on "my interpretation" of this decision/evidence.  But I fianlly realized then, that their advice can be no better than my interpretation.  If that is the case, why do I need an attorney..gee, I have already interpreted my cfile and my decisions..(that I never bothered to read).  

     So, I learned the hard way.  READ your file, your exams, your decisions.  And THEN, after I read my file and my decisions, my interpretations were not all that bad.  But, I dont ask others for advice on claim unless I have read my files and my decisions and attorneys wont touch "interpreting my interpretations" with a 10 foot pole.  

    I apologize, in advance, for being a bit hard on you.  There is no substitute for getting your cfile and reading it.  Otherwise, you are the blind leading the blind.  

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