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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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Domar

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https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018

 

General Rating Formula for Mental Disorders

   Rating

Total occupational and social impairment, due to such symptoms as: gross impairment in thought processes or communication; persistent delusions or hallucinations; grossly inappropriate behavior; persistent danger of hurting self or others; intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene); disorientation to time or place; memory loss for names of close relatives, own occupation, or own name.100%

Occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood, due to such symptoms as: suicidal ideation; obsessional rituals which interfere with routine activities; speech intermittently illogical, obscure, or irrelevant; near-continuous panic or depression affecting the ability to function independently, appropriately and effectively; impaired impulse control (such as unprovoked irritability with periods of violence); spatial disorientation; neglect of personal appearance and hygiene; difficulty in adapting to stressful circumstances (including work or a worklike setting); inability to establish and maintain effective 70%

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34 minutes ago, Tbird said:

This link should help you out https://www.hadit.com/va-law-va-code-va-manuals/

Thank you , Tbird for sharing this site. You probably have done it many times before but I just saw it. Great resource!

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Excercise caution using the M21 manual.  This is designed for rating specialists, and the BVA pretty much disregards M21, and uses 38 CFR's instead.  

The M21 is "va's interpretation" of the CFR's.   For good reasons, the courts and even BVA uses the direct CFR's instead of VA's interpretation.  

The courts can/do "clarify" the interpretations, and sometimes VA has to publish new M21's to comply.  Example:

The VA LLLLLOVED>>> to deny Vets who applied for SMC S (housebound) who showed up for a  C and P exxam.  Their reasoning is that how can a Vet be housebound, and show up at the VAMC??

It was an incorrect interpretation, and Howell changed it.

Source: https://asknod.org/2014/08/25/cavc-howell-v-nicholson-what-smc-s-really-says/

In relevant part, the court looked at "congress intent", which is clear:

 

Quote

The Secretary, citing to Senate Report No. 1745 (June 27, 1960), notes that in passing section 1114(s) Congress intended to provide additional compensation for veterans who were unable to overcome their particular disabilities and leave the house in order to earn an income as opposed to an inability to leave the house at all.

So, did the VA's new M21 put congress intent in the new regulation?  No.  They changed it to mean, instead, that the Veteran is unable to leave his house except for medical appointments.  

This is NOT THE SAME as congress intended, above.  The VA was afraid every tdiu would get SMC S, and, indeed, if the Veteran is unable to work due to sc conditions, then he is unable to leave the home TO EARN AN INCOME.  

Its possible I may be involved in a fight with VA on this very issue, where they repeatedly dont want to award SMC S, even tho Im tdiu.

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broncovet In my opinion it would help you if you were P&T

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