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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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  • 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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Miken2c74

Supplemental in AMA Timeline

Question

Original claim opened in Nov 2013 (Legacy)

Claimed Denied Dec 2014 (Legacy)

Submitted NOD in Jun 2015 (Legacy)

Opted into RAMP July 2018

Denied Ramp May 2019

Supplemental Claim open June 2019 ( In decision phase now per VA)

 

Flat feet (aggrivated due to ) From original claim date ( new DBQ, Medical opinion, Nexus, lay statement) On supplemental claim

Knee condition from original claim date  also supplemental claim (New DBQ, Medical opinion, Nexus , Lay statement) on supplemental claim

Back condition from original claim date rated 20%

Fibro Denied

Hip condition denied

I am waiting to see how this comes out (nerve racking)

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@Hyrb I am tracking with that. I am challenging the VA exam anyway. This is the reason I went out and had the IMO done because of my Aug 2018 exam. That doctor did not have access to my c-file nor did he perform the examination IAW regulations. So, I think this was my best course of action to try and win this thing. If you read the letter which has since been changed, I have added more details about the decisions resulting from this exam. As of recent I have sent in the 20-0996 HLR and submitted my letter challenging the exam. There are some statements in the letter that will allow VA to ask or me to offer information which is my plan. I have some evidence that I know they need (only because I sited it in the letter), which I have in my possession or they could say because I challenged exam and made a valuable argument to the facts of this exam they don't need this info (but I want them to have all they need to make the right decision).

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Greetings Hadit Family,

I had a very interesting week (last week). During the week I was gathering evidence for my Supplemental Claim. I had been email an DAV SVSR, and a VA Rep with explanations on why I wanted to do a Supplemental claim and their suggestions. I first wrote them a email explaining the situation and asked them to read the most recent decision letter. In which they both came back with the same question, " was this a examination performed at a VA medical Center ?" I answered no, and this was one of the reasons for writing a letter challenging the examination (Aug 2018). I emailed the letter, which explained why I had the IMO done (Dr. Stargardt),  why the examination was inadequate (Aug 2018) using 38 CFR, also responding to statements made by the rater that incorrect, and why more probative value should have been given to Dr. Stargardt's exam over the contracted exam (Aug 2018). I received a reply on the letter, the reception about the letter was very positive. I was advised instead of doing an HLR to instead opt for a Supplemental because of the formal review of the exam performed by Dr. Stargardt and the post service records that is a matter of fact the VA does not have and the abundance of information contained within the letter that leaves way for me to submit this information. It was also said that the letter was so well written that in a perfect scenario if I had done a HLR, the HLR could have asked for this information or I could have offered it. They thought it would be better for me to give them what they need to make the decision. I was tempted to see if they were actually reading the information but decided against it. Last Friday I had a sit down with a actual VA Rep face to face, which was a god sent. I gave her a backstory. She looked in the system, read the decision, and then she read the letter. She asked if I wrote the letter, I answered "Yes Mam, she said "this letter is very well written. I said to her "Thank you". She said to me add a 21-4138 with an additional statement, which I have done. Along with the medical evidence and wait and see what happens. So this weekend I submitted to VA, the 20-0995 Supplemental Claim, reviewed examination Dr. Stargardt, 21-4138 (my boss), lay statement from my wife, 21-4138 with additional information, post medical service records. I would like to give everyone a little information. If you have a C&P exam through a Contracted company and your examiner is contracted through this contract company. They do not have access to your c-file, I repeat they do not have access to your c-file. Per VA rep.

 

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Greeting Hadit Family,

Ok, here we go my HLR is open. I actually open two supplemntal claims and a new claim for migraines. I submitted the supplemental claims after I had submitted the HLR form for the same issue with relevant evidence. I honestly don't know how this is going to play out. The paperwork is on file ie my challenge letter, and evidence that was stated in my letter. I hope they do this right, it should be reasonably easy to grant these disabilities. I think they are looking at the retro though. Wish me luck

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I think I have figured out how to better formulate my evidence in letters. I use 38 CFR a lot for reference and use that information (per regulation ) to articulate the point I would like to make. If 38 CFR is suppose to be the guideline for VA to follow and they don't, this leaves a basis for CUE. The points you make in your letter should always make mention of a paragraph in 38 CFR.

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