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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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Kenneth Livingston

Kenneth Livingston

Question

I am preparing to deliver a fully developed claim having submitted an intent to file declaration about 9 months ago.  One element of this application was a request to 

reopen a case which had been denied about 30 years ago.  Intended to submit new material and relevant evidence and request an effective date to the original claim.  My understanding 

is that with the new changes in the system FEB 19, 2019, I would be required to file a "supplemental claim" and forego the original application date 30 years prior.  (https://bit.ly/2KkGgXu)

I have no record of the denial.  The VA Regional center had no record of the denial or even the application.  DAV had no record.  VA hospital locally had no record with my initial records request 2018.

But a few months back I pressed the VA records folks a bit and they did some digging and found the record for that initial comp & pen exam...still awaiting delivery of that. 

QUESTION:  file the  "supplemental claim"  due to the new regulations and forego the earlier effective date 30 years and request it to be the date of my "intent to file"?

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If you file the supplemental claim, and are awarded benefits, you can appeal the effective date.  

It "would" appear your c and p exam 30 years ago would substantiate your position you applied back then, but I cant say for sure if that would be probative or not.  You would think so, after all, the VA doesnt do a c and p exam if you have not applied.  

Your effective date is the later of the "facts found" (which normally means the date the doc said you were disabled) or the date you applied.  

I will take a WAG that your c and p exam could be proof you applied 30 years ago.   The denial may or may not be relevant.  Again, see the effective date rules:

The later of the facts found or date you first applied.  So, the C and P exam could establish a claim date, or nearly so, and the doctor will have to provide a date HE thinks you were disabled.  

I say go for it.  You will probably need an attorney to win the 30 year effective date.  It would appear the "supplemental claim" would not hurt you.  Is there "new evidence" you can submit?  

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Thank you very much for your reply.  New evidence which is material and relevant in my opinion.  1)  sworn dec from squad leader of the incident and injury during active duty service 2) two page document generated from the local VA seeking medical records for this evaluation 30 years ago 3)  A signed document from a USAF recruiter three years later mentioned that he had made contact with a college ROTC program which had discharged me from its Army ROTC program based on an abbreviated MEPS eval for the condition in question which deemed me as disqualified.    There is no record of this MEPS evaluation.  At the college in question I was diagnosed and treated with an injection but no medical record recovered.  Quote from that document:  "...since he was physicalled and found to be ineligible, the Army ROTC Unit completely voided him from their program."

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      I have memory problems and as some of you may know I highly recommend Evernote and have for years. Though I've found that writing helps me remember more. I ran across Tom's videos on youtube, I'm a bit geeky and I also use an IPad so if you take notes on your IPad or you are thinking of going paperless check it out. I'm really happy with it, I use it with a program called Noteshelf 2.

      Click here to purchase your digital journal. HadIt.com receives a commission on each purchase.
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