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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.

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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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    • Howdy all,

      The VA DRO denied my claim for an earlier effective date for my sleep apnea. They originally denied it in 2008 but granted it in Nov 2019 secondary to my GERD. I was rated for GERD in 2001. So I had it in 2008. I have attached the 2008 denial, 2018 approval, and the NOD SOC. All of my medical files and the medical articles and VA Citations referenced were in existence in or before Jan 2008. The only new items were the NEXUS letter from Dr Bash and a few extra buddy letters. The original denial states that my medical records show no diagnosis or treatment and only isolated complaints of symptoms. The denial does not even list my wife's or my lay statements as evidence reviewed. I have symptoms listed numerous times in my SMRs:

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      b. Physical exam dated 24 Jan 79 listed frequent/severe headaches" dizziness, and
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      k. Physical exam dated 29 Sep 99 listed frequent/severe headaches.

      So could you all take a look and let me know what you think.

      Redacted VA NOD SOC 04-09-2020.pdf
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      VA Claim Decision Ltr 08 Nov 2018 Redacted.PDF
      • 3 replies
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Question

Hey guys, 

 

     I don't know if I'm in the right place but i was needing some clarification. After fighting with the military for six years, the C&P examiner stated that my condition precludes me from any physical occupation. 

I developed asthma back in 2012, while in service. Is that typical wording for pretty much everyone? I guess my English isn't that great and i would like someone to please explain to me what that entails? The examiner 

also stated that there is a 50% chance or greater that my injury was incurred in the line of duty, does that mean that they service connected me? 

 

thank you for responding. 

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Sound like the rater sided with you!

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It sounds like the examiner agreed that you are service connected and cannot work due to your disability.

Edited by vetquest
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Based on the examiner's comments that you can't work any longer and it was 50%+ that it was service connected, sure sounds like you will receive disability compensation. You need to see what your award letter says before doing anything else. Do you have any other disabilities currently being paid to you? Or, do you have any other disabilities that were a result of your service, for example tinnitus and hearing loss that you have not submitted yet? Just looking ahead in case you aren't awarded TDIU.

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GBArmy

I only claimed Asthma. This is my first claim that I have filed. Apart from the typical side effects of being unable to do as much as I used to, nothing else happened within my military service. Granted, I'm 24 about to be 25 and used to be very active and fit but now im pretty much in bed most of the time. Things tend to be more laborious than before. It's depressing and I just want my life back again. 

I was curious to see how many people were in the same boat as me, and if anyone else had that "precluded" verbiage and how much they happened to be awarded. I should know something in 5-6 weeks. 

18 minutes ago, GBArmy said:

Based on the examiner's comments that you can't work any longer and it was 50%+ that it was service connected, sure sounds like you will receive disability compensation. You need to see what your award letter says before doing anything else. Do you have any other disabilities currently being paid to you? Or, do you have any other disabilities that were a result of your service, for example tinnitus and hearing loss that you have not submitted yet? Just looking ahead in case you aren't awarded TDIU.

 

Edited by vgorman0306

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GBArmy

I only claimed Asthma. This is my first claim that I have filed. Apart from the typical side effects of being unable to do as much as I used to, nothing else happened within my military service. Granted, I'm 24 about to be 25 and used to be very active and fit but now im pretty much in bed most of the time. Things tend to be more laborious than before. It's depressing and I just want my life back again. 

I was curious to see how many people were in the same boat as me, and if anyone else had that "precluded" verbiage and how much they happened to be awarded. I should know something in 5-6 weeks. 

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