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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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Wanderer

Will I actually get compensation back to the original date I filed a claim approx 25 years ago?

Question

Last year I was awarded 30% for asthma. This is the first time I received a benefit from the VA. I claimed bipolar also and I just noticed that eBenefits said my old bipolar claim (this was my third attempt) was reopened, however, it also said that does not mean you will be able to be compensated that far back. 
 
But I just got this quote off your vets law blog:
"If you reopen a previously denied claim by submitting New and Material Evidence, and you  win the reopened VA Disability claim based on military records, military service records, or military medical records that were previously unavailable to the VA or that the VA neglected to get in the prior claim, you can use the effective date rule in 38 CFR 3.156(c) to get an effective date of your original VA Disability claim date."

I met with the C&P examiner Nov 1 and afterwards he told me he would report I definitely had bipolar in the service. eBenefits says it is in Prep for decision. I ordered the 30 day Ramp a couple days ago. 
Does his examination count as New and Material Evidence? If so, and they go back that far, then I'm astounded.

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I agree you need a lawyer.  Given the issues you posted, I dont recommend you go this alone.  YES, virtually all Veterans lawyers will represent you without "up front" costs.  You may even be able to get a pro bono (no cost to you) lawyer.  Given your homelessness, and other issues, I do not suggest you delay getting a lawyer.    Here are a few places to find an experienced Veterans lawyer who will represent you without "up front" costs:

Chris Attig:  If you have had a recent BVA denial: https://www.attigsteel.com/

CCK law:  https://cck-law.com/ . A very large, reputable Vets law firm. 

Hill and Ponton:  https://www.hillandponton.com/ .  Matthew Hill has posted here on hadit.  

Ken Carpenter . Carpenter chartered:  https://www.vetadvocates.org/users/kenneth-carpenter . Ken Carpenter may be the VERY best winning millions for Vets.  

Alex Graham is an extremely gifted non attorney representative:

https://asknod.org/email-asknod-2/

NVLSP may help you:  https://www.nvlsp.org/ . NVLSP "wrote the book" (literally) on Veterans law.  Bart Stichman authored the Veterans Benefit Manual, in part.  

If none of the above work out, pick from ones on this list:

https://www.vetadvocates.org/cpages/sustaining-members-directory

There are around 25 million Veterans, but just a few hundred lawyers who are experienced represting Veterans at the VA.  So, dont be suprised if one or more of these turn you down, they are often extremely busy and can not take new clients.  

This is especially true for the top law firms I mentioned, above.  Vets who have won benefits, like myself, are those who have persisted year after year until they win.  Giving up, even when it looks bad, is not an option.  

 

 

Edited by broncovet

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Thank you, Broncovet. Perfect practical information!

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eBenefits says my rating has been increased to 80%, woo hoo! Hope I get retro pay, the start date read Dec 1, 2018

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I do get retro pay. I called and the rep told me they're depositing over $10,000 into my bank account in the next 15 days.

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