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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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asknod

The new AMA-Mobius loop?

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Asknod- I have read over at least 40 BVA decisions from the past few years that held the words

Agent Orange  CAD  denied ,and have not found yet a single CAD AO claim that was actually denied,regarding any incountry Vietnam vet 

Many were denied due to these reasons,

the veteran had an established AO CAD rating and wanted a higher rating, and BVA remanded or denied for that reason or

the veteran claimed CAD from AO but had never served in Vietnam nor proved he was exposed elsewhere,

so he was denied by the BVA .

the veteran claimed secondaries due to the established CAD he had from AO, and was remanded or denied, or

the veteran was seeking a better EED and already had established rating and award for CAD due to AO.

I am still stunned that your vet is being denied.

 

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I think THIS is the reason this vet was denied:

https://legaltimes.typepad.com/blt/2010/02/roberts-startled-by-government-errors-in-vet-cases.html

In summary, at least 60 percent of the time, the government takes a position against the Veteran which is "substantially unjustified".  

This is the reason a Vet can hire a lawyer at CAVC level, and rarely ever pay one cent in attorney fees.  Some lawyers often accept BVA denials (and an appeal to the CAVC) expecting "0" from the Veteran.  You need a recent board denial to do this.  

Pretty much, any time the lawyer gets a remand or a win, EAJA awards attorney fees.  

Right now, Im at the CAVC represented by Chris Attig, and, whether I win or lose, I wont pay attorney fees.  The fees are covered by eaja if I win or get a remand, and if I lose, I dont have to pay attorney fees anyway.  

Even if I lose, my attorney "may" appeal to the Federal Circuit, if he thinks it has merit.  

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Berta, you won't find the decision at the BVA yet. I'm still fighting at the AOJ level on several of these. The repair order seems to be going back to the dr. after a c&p denial (using echo) and obtaining a statement showing cardio cath proof. I'll keep you posted when I win them. One lost a leg to PAD and I used that. NOT.  It has to be in the coronary arteries leading to the heart. Period.

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I personally don't like this New Way  but as it is we must follow VA Rules and Guidelines.  I DON'T SEE THE CLAIMS BEING PROCESS ANY FASTER.

I like the traditional claims process better.  Don't take me wrong here  I don't like the HAMMSTER WHEEL in slow motion either  and the long waited appeals to be adjudicated  but so for this new process has to prove itself/JMO

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