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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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Curtis Johnson

5103 checklist for development

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You can print the document straight form Ebenefits.  Then fill it out and submit it right back!

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I believe they mean the 5103 waiver-

Did you rceive a 5103?  Did you respond to it?

I suggest strongly that , on the waiver you again list all of the  evidence you had sent to them, or are enclosing with the 5103 form.

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Yes.  A 5103 means you are supposed to send them information.  

https://www.law.cornell.edu/uscode/text/38/5103

My suggestion:

If you got a letter from VA, read it (again, if necessary).  

If you have not gotten a letter, then call peggy and ask what information they requested, and send it in.  

Of course, it sounds like you took this from ebenefits, which may mean its wacko, like the rest of ebenefits/va.gov

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To add, in my case they sent me a 5103 for 2 separate issues which I thought was odd...and I listed the evidence for each claim that they already had ,

but I enclosed it again with the waiver.

The Director Buffalo VARO called me twice on one issue -and revealed she didn't even know basic VA case law.

Then some VSO called me on the other issue, twice, and I asked him to read back a brief description of the evidence I had sent for both issues, and he read back correctly what they had.

I wish I had taped those calls because I have no proof- but yet the decisions reveal what errors they made.

The Initial denial 3-4-015 was awarded 4-2-2015 and does contain in the Evidence list a 21-0820 Report of contact was done.Feb 19,2015. I believe that was the initial calls from the director and need to check my notes.There were 4 calls from my VARO.I guess that would cover the proof, as well. 

My long point is they had my 5103 waiver, they had the evidence for both issues, yet both issues are not resolved.

This has been the entire experience I have had with my RO. since 1995- I never file a claim without impeccable evidence. This RO even withheld highly probative evidence from the General Counsel over my FTCA charge.

Only by being aggressive and calling the OGC and VA Central Strategic Health team in DC did I even know what was missing.I still recall the VA CO Cardio doctor holler "what Autopsy!" when I asked her why the OGC denied my FTCA. It was then immediately awarded as soon as they got the autopsy. Another critical Peer Review had caused the local RC to want to settle with me but I already griped how that went-the OGC never had that either.

VA told me it never had "existed". I found it in my C file 9 years later and used it for my Nehmer AO IHD award.

The Peer review doctor had focused solely on one of my charges- undiagnosed and untreated heart disease and completely supported that charge.

The VA has a deep state. I am a victim of it. 

I am probably not alone on that by any means.

 

 

 

 

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