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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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My attorney, Chris Attig, recently informed me that my CAVC claim was remanded!  This isnt quite a win, but, after reading what the judge wrote, its gonna be hard for the BVA to deny me again.  

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Woot!!!

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9 hours ago, broncovet said:

This isnt quite a win

it may not be a final win, but it is a win... Congrats.

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I was (and am) fighting VA for an earlier effective date.  What happened was is that I applied for benefits in 2002 (including, tdiu and hearing loss) but a lazy Va employee shredded my tdiu issues and, instead adjuticated ONLY hearing loss.  It saved him time and he made quota.  

My hearing loss claim was denied.  I appealed.  I won at the BVA level in Jan. 2004.  In March 2004, the VA "implemented" the board decision at 0 percent.  I got nothing.  Zip.  I appealed the implementation decision in late March 2004, and VA "decides" not to bother with my appeal, but instead awarded me 30 percent and awarded me pension, effective in 2004.  

     I did not appeal the  2004 decision because it was too late, and I lost my home and became homeless in 2005. 

      In other words, by viewing my appeal as a new claim, they hornswaggled me out of 3 years of retro and rendered me homeless.  I could not hold out without income for 3 years without benefits.  

      Im fighting them now.  In 2008, what is called the "October incident" happened.  This is when VAOIG inspected several RO's and found Vets evidence "in the shred bin".  One of those VARO's was mine.  

      To make a long story short, the VA covered up their crime, and I continue to fight them for benefits where they shreded my evidence.  I fight them hard..with evidence and knowledge.  

      I may be able to "buy my home back" from foreclosure if I win this.  (I may not..I have a home now, but its not paid for, so I may just pay off my existing home).  

      Im fighting for my home, and Va took it away from me.  Literally, through fraud.  

Im not the only one the VA did this to.  At least ONE other:

Mr. Cushman, where VA falsified the Vets records in order to win the case against the VET:

https://caselaw.findlaw.com/us-federal-circuit/1346393.html

In relevant part, this is what they did to Cushman, in the federal circuit judges own words:

Quote

 Namely, one of the doctor's entries had been altered to change the language “Is worse + must stop present type of work” to instead read, “Is worse + must stop present type of work, or at least [ ] bend [ ] stoop lift.” (emphasis added, brackets indicate illegible or stray marks).   The altered record also contained the additional entry, “says he is applying for reevaluation of back condition,” which does not appear in the official record on file with the Outpatient Clinic.   The alterations appeared in the last, i.e., most recent, doctor's notes documenting Mr. Cushman's condition.

NO VA employees were ever held accountable for the alteration of this Veterans records by VA.  

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Broncovet , a remand is always a good step because it opens the door for more evidence, and additional argument.

When I testified by proxy during Shreddergate- I assumed my evidence had been shredded, but the fact is, the VA had it all along.

Now I am thinking the OGC had it as well but tried to pull something on me-in any event - I got it to the right person at VACO.

There might well be something in this article to help you- whether someone  shredded your TDIU form or not.

DR David Anaise, who many here are familiar with, makes this point in his excellent article here:

 

http://www.danaise.com/total-unemployability-tdiu/

 

In Part:

:. A veteran is not required to submit proof that he or she is 100% unemployable in order to establish an inability to maintain a substantially gainful
occupation, as required for a TDIU award pursuant to 38 C.F.R. 3.340(a).
The VA erroneously demanded that the veteran first file for TDIU and assign the onset date to the date veteran filed for TDIU or filed VA Form 21-8940. This is an
error. When a veteran files an original claim for evaluation of a disability or a claim for an increase in the evaluation of a disability that has already been
rated by the VA, the claimant is generally presumed to be seeking the highest benefit allowable. (See AB v. Brown, 6 Vet. App. 35, 38 (1983); see also Roberson v.
Principi, 251 F.3d 1378, 1383 (Fed. Cir. 2001); Rice v. Shinseki, 22 Vet. App. 447 (2009); Norris v. West, 12 Vet. App. 413, 421 (1999). If either claim includes
facts that indicate that the veteran is unemployable, the VA is obligated to consider and adjudicate a TDIU claim.”

 

and in part:

 

The General Counsel provided a binding opinion in VAOPGCPREC 12-2001 regarding Roberson v. Principi, No. 00-7009, 2001 U.S. App. LEXIS 11008 (Fed. Cir. May 29,
2001), holding the following:

1. Once a veteran: (1) submits evidence of a medical disability; (2) makes a claim for the highest rating possible; and (3) submits evidence of unemployability,
the requirement in 38 C.F.R. 3.155(a) that an informal claim “identify the benefit sought” has been satisfied and the VA must consider whether the veteran is
entitled to total disability based upon individual unemployability (TDIU).

2. A veteran is not required to submit proof that he or she is 100% unemployable in order to establish an inability to maintain a substantially gainful
occupation, as required for a TDIU award pursuant to 38 C.F.R. 3.340(a).
“The VA erroneously demanded that the veteran first file for TDIU and assign the onset date to the date veteran filed for TDIU or filed VA Form 21-8940. This is an
error. When a veteran files an original claim for evaluation of a disability or a claim for an increase in the evaluation of a disability that has already been
rated by the VA, the claimant is generally presumed to be seeking the highest benefit allowable. (See AB v. Brown, 6 Vet. App. 35, 38 (1983); see also Roberson v.
Principi, 251 F.3d 1378, 1383 (Fed. Cir. 2001); Rice v. Shinseki, 22 Vet. App. 447 (2009); Norris v. West, 12 Vet. App. 413, 421 (1999). If either claim includes
facts that indicate that the veteran is unemployable, the VA is obligated to consider and adjudicate a TDIU claim.”

In Servello v. Derwinski, 3 Vet. App. 196 (1992), the court held that the existence of an inferred claim for TDIU might have entitled the veteran to an earlier
effective date because under 38 U.S.C.S. 5110(b)(2), the effective date of an award of increased compensation shall be the earliest date as of which it is
ascertainable that an increase in disability occurred if the application is received within one year from such date. The court reasoned that because under 38 C.F.R.
3.155(a), the VA was required to, but did not, forward to the veteran a TDIU application form, the one-year filing period for such application did not begin to run.
Thus, as a matter of law, the inferred claim submitted prior to the date of a formal TDIU application must be accepted as the date of claim for effective date
purposes.”

 

 

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