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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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  • 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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Turdchaser

Asbestos claims

Question

Going before the BVA at the end of March. Was service connected for asbestosis right away but was given 0% compensation . On my C/P exam my FEV  was 42% .....any one else out their struggling with these knuckleheads

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On 2/11/2019 at 3:26 PM, Turdchaser said:

Going before the BVA at the end of March. Was service connected for asbestosis right away but was given 0% compensation . On my C/P exam my FEV  was 42% .....any one else out their struggling with these knuckleheads

OK, first of all, I'm confused. FEV (FEV1) does not even come into play in rating an asbestosis (SC 6833) claim.  The numbers the VA is going to look at on a claim for asbestosis are: FVC and / or  DLCO .  You can find those claims in the respiratory ratings schedule here: Title 38Chapter IPart 4Subpart B → §4.97.  If your numbers for FVC or DLCO were higher than 80% on either one of those, then a 0% rating would be warranted. After all, they can only use the evidence which you have; submitted, in your SMR, SR, and VA exams. So, what were your FVC and DLCO numbers?

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Zero percent is VA's favorite number.  I fought VA for hearing loss service connection for 2 years at the Board.  So the board awarded and agreed with me.  The VARO "implemented" it at zero percent.  Of course, my friendly VSO suggested not appealing, after all, I could be reduced, right??  

Most of us have been through it.  Most important:  File a timely appeal to every decision you dispute.  Waiting over a year, means you have to meet the onerous CUE standard of review, unless you have new and material evidence, 38 cfr 3.156 b or 3.156 C.  

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I am sorry Mack13 I meant my fvc was 42%

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