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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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Kuwaitin08

VA found an error in their duty to assist

Question

 I just received a letter regarding a higher level review that says the VA has found an error in their duty to assist.  Has anyone else ever receive that letter? If so, how’d yours turn out? I have received many letters from the VA but nothing like that one.

Still waiting patiently…

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My final C&P exam was completed yesterday and I have to say I’m less than impressed. I had brought paperwork in chronological order showing the onset of both issues within a year of active duty and all treatment records but the audiologist refused to even look at them. These were the documents that were overlooked by the initial rater. 

I have a feeling I’ll be screwed again. The whole scenario sucked.

We’ll soon see. Peggy says typically 3-4 weeks for a decision from here.

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I hate to say this @Kuwaitin08, but it sounds like your case is ripe for the BVA.  I had to practically beg for my case to go to the BVA when I was getting a run around by raters not reading all of the evidence.  I went to the BVA, it takes a few years, and the BVA called out the raters for not reading and weighing all of the evidence provided.  It is sad that raters do not do their jobs and properly adjudicate cases correctly.  Yes, they are making quick decisions but at the sake of accuracy.  I waited ten years before my case was finally completed but I got a fair hearing.

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@vetquest 

Since this was within one year of filing and my intent to file is still active, would I be able to start over and submit a fully developed claim again for the same thing? 
 

May be faster than BVA... Your thoughts?

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I would hate to tell you to start a new claim if you already have one in the works.  You would lose your effective date.  If you have an IMO this is great to take to the BVA.  Asknod says that an IMO at the BVA gives the BVA every reason to grant.  You have negative evidence and positive evidence and the BVA will side with the positive evidence.  I know that the BVA is a long wait sometimes and should not be but it is your best bet to get out of the Regional hamster wheel.

If you want to get some decisions sooner request a supplemental and add your new evidence.

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@vetquest 

I was just thinking of a new claim because the effective date will be the same because I’m still within the one year of filing the intent to file. 
I haven’t been denied yet so we’ll see how it goes. 🤞

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