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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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BuddyLoveAK

Possible EED?

Question

Hi all, here is the BVA's decision on my appeal. I originally filed a claim for depression back in 10/2007 but was denied. Then I opened a claim for Bipolar in 11/2015. I hadn't even considered the 10/2007 as an EED, but in the decision the judge keeps referring to the 2007 claim and says that my Bipolar claim is new and material evidence that reopens that claim. Am I reading this right that I may be able to get an effective date back to 10/2007? Thanks for looking over my decision and helping me out.BVA Decision 3.1.19.pdf 

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Well, yes.  The board did not give you a disability percentage or effective date in that decision, but I agree that they said it was a reopening of the 2007 claim, so that is good news for you.

However, you have to consider part 2 of the general effective date rule:

Your effective date will be the later of the date of claim or facts found.  This means when the doc said you were disabled.  

You have 2 issues remaining:  What is the effective date, and what is the disability percentage?    Remember, the VA LOOOVES to hornswaggle you not only on the effective date, but on the disability percentage.  

This board decision was largely favorable, and you need to wait for a VARO implementation.  If the implementation pulls typical BS like "zero percent" effective in 2018, then you appeal.   You have to wait for the implementation VARO decision.  

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Thanks Broncovet! I'll just have to wait and see if they want to play games or not. I think I have a pretty strong case for a higher rating. I'm on SSDI for my service connected disability and the last c&p exam they gave me in 2016 was a strong 70% exam. The doc checked off almost all of the symptoms from the 70% list. So they'll have to get really creative if they want to low-ball me on the rating.

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I was discharged March 2007 and filed for depression Oct 2007. Since it was within a year of my discharge does the EED go back to my discharge date? 

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Yes, it goes back to the date of discharge, but not appealing isnt going to help, and may rule that out.  Its a legal question that may not have been decided yet.  

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