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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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    • Update 2:

      Just talked to a representative for my lawyer.

      I was basically told my lawyer is going to write an argument letter and present it to the BVA hearing judge - citing VA rules, regulations, and other similar cases of how my claim has been unfairly rated by the RO given all of the probative evidence.

      The motto of “deny, deny, deny until the veteran quits or dies” is alive and well.

      It should not take a veteran to present their case before the BVA to get it right.

      It is downright insulting and a spit to the face when a veteran clearly has current disabilities (that are presently being treated) that were diagnosed while in-service and documented in their SMRs.

      I find it funny how my least documented disability in my SMRs (patellofemoral syndrome in both knees) was granted when I first filed my claim in 2018. 

      Now I know first-hand how most or some of you feel in hadit.
    • Update:

      My lawyer received the decision letter before I did. I was denied on all of my contentions, and my lawyer sent in the form to appeal to the BVA.

      I find this disheartening because one of my issues (migraine headaches) are clearly documented in my SMRs and even on the separation physical exam the physician wrote “Migraine headaches (severe).”

      My SMRs also showed the frequency (3-5 per month) and intensity (prostrating in nature) of the migraines with documentation of laying down or sleep was my only relief.

      Sumatriptans did not help at all. After I left service, I was also diagnosed by a VA neurologist with migraine headaches.

      Then I had an IME w/ IMO with a board certified specialist who provided a nexus with “at least as likely as not related to his military service” in regards to my migraines.

      I just feel defeated, and my migraine headaches make me suicidal to the point I have suicidal ideation on a daily basis.

      I do no understand how the VA can deny service-connection when the evidence is cut and dry.

      The C&P exam for my migraines was done by an NP who incorrectly applied the VA definition for migraines and opined “veteran does not have chronic migraines. Chronic migraines are 15 migraine headaches per month or more.”

      Migraine headaches are not rated that way, which to me is clearly a CUE.

      I just feel so broken.
    • So, my lawyer sent an IME w/ IMO and filed a supplemental claim solely for IU on March 20.

      It was closed on March 25, and va.gov just states claim closed and nothing more.

      Hopefully, I get good news.
    • Thanks for the responses. I am filing a new claim but will continue pushing the NOD. My new question is it stated in law or statute that if during the claims process the VA finds conditions that could possibly rate service connection that was not originally filed for, the VA will “invite” the veteran to file the claim on the claims form. Reason I ask is that my private DBQs, NEXUS letter, and even the VA nurse examiner's DBQs lists bilateral upper radiculopathy as present. If it is written in statute or official guidance it might qualify as a CUE. Just looking at all angles. 
    • Everyone needs to read our stories so they can try to avoid these screws by the va...
      Thank you, everyone contributes, good or bad, all of our stories will help others, and yes, they have been stated by others for ages, over and over, but we just get depressed, and the time turns into years as they screw us..

      Welcome to the department of Veterans Affairs!  I can honestly say, "been there, done that".  

      Even after winning my tdiu in 2017, it was back to the drawing board as VA hornswaggeld my effective date.  (but of course).  

      I finally won my tdiu effective date in Feb. 2020, 18 years after I first applied!!!  

      Here is how they managed to drag mine out 18 years:

      1.  They never adjuticated my decison until 2009, where they called it "moot".  

      2.  I appealed, said it was not moot because it could result in an earlier effective date and SMC S under Bradley vs Peake.  The judge agreed with me, and ordered VARO consider me for extra schedular TDIU, under 4.16 b.  

      3.  The VARO piddles with  the remand for 3 years, and hoped I wouldnt notice.  I noticed and raised cane until they adjuticated it.  (denied of course).  

      4.  Finally, after the baord denied again, I hired a lawyer, in 2014, and appealed to CAVC.   

      5.  The lawyer won a remand, got an IMO and I won tdiu in 2017.  But at the wrong effective date, even after 15 years.  

      6.  I hired another lawyer, Chris Attig, and appealed the effective date, and he won a remand for effective date.  Trip 2 to CAVC.  

      7.  Mr. Attig won a remand, and advised me to get another IMO.  

      8.  The board awarded my earlier effective date in Feb. 2020.  

           So, I do have advice fighting VA for TDIU, they fought and fought and I hung in there and won it all.  

      ADVICE:  Dont count on VA, they could easily throw your fax in the trash.  Follow up!  
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bigoc

Is claim still open?

Question

I requested connection for psoriatic arthritis of the right hand, left wrist, and both feet.  In addition to these joints the RO requested a C&P exam of shoulder, hip, elbow, wrist, knee, and ankle.  I have no idea why they did this but it is possibly beneficial to me.  I'll attach this part from my c-file at the bottom on this post.  The VA only decided on the four claimed joints.  The other joints that the VA put in the C&P request were never evaluated or referenced in anyway.  This includes no mention in rating decision letter or during the C&P.  

Fast forward to 2015 I report for a VA requested future exam for the four SC joints.  I made the complaint of joint pain in 11 joints to include the joints stated above from the 2009 C&P.  These were recorded in the results as pain.  In addition to the documentation in the 2015 exam, they VA acknowledged the additional joint pain and suggested I contact them if I wished to claim these.  I stupidly did not see this until recently. 

Would I be able to get these joints connected and EED back dated to 2009 or 2015 based on an inferred issue and that no decision was made on the other joints?

Again the VA is the one that requested the additional joints to be evaluated in 2009 and not me.  Then they were never addressed.  I am interested in this because I have been finding information on claims being considered open if the VA never renders a decision.  While they rarely miss a veteran claim they often miss inferred issues.  This seems like a pretty obvious inferred miss to me.  The VA specifically requested the additional joints. Might be a stretch but this would be significant retro.

 

open joint claim.png

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Was you denied on these condtions? if so when?

&did you keep your NOD Timeline updated?

what was there reason and bases for the denial? 

if your still in your appeal time line  yes you should be able to get a better EED....WHEN APPROVED.

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Call IRIS AND ASK THEM IF THIS CLAIM WAS CLOSED? OR WHAT THE STATUS IS FOR THESE CLAIMS?

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I was connected for the 4 joints I claimed.  The other joints the VA requested a C&P exam for in 2009 were never address and the exam was listed as completed.  This happened even though the joints were not evaluated.  So I claimed 4 joints and the VA requested a C&P for 12.  Only the 4 joints I claimed were evaluated and decided on.

 I can not find any reference to the additional joints until a 2015 C&P that the VA requested as an exam for my existing 4 SC joints.  Interestingly during this exam the doctor recorded these additional none service connected joints as pain on the DBQ.

This was my second stupid miss that I am just catching now.  None the less the additional joints were never addressed other than(your not going to believe this)...the VA tells me to claim these joints that they have found to be attributed to my psoriatic arthritic condition.  

Seems like the VA gave me two opportunities to claim these joints and I missed both until recently.

There is another reference to the exam for the additional joints being completed so I would imagine it is closed.  There was no decision on these additional joints included in the decision letter.  Only the 4 joints I claimed which I expected and did not look for these others until I recently was reviewing my C-file.  

However, the 2009 C&P exam is very detailed on the 4 joints I claimed but has no evaluation information on the additional joints.  The additional joints were not evaluated and recorded on the examiners report.

If the VA requests a C&P for 12 joints even though I old claimed 4 and then the VA only examines 4 do I have a open claim for the additional joints?

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I did not have a NOD as I was connected for the claimed joints.  

I am recently learning about entitlement to service connection from an inferred issue.  Such as a service connection being found or claimed even if not formally requested.  The VA requested the additional conditions be evaluated in 2009 and then never evaluated them or made a decision on the additional joints.  

Then again the joints were evaluated in 2015 and recorded as painful.  Again no decision was made but the VA acknowledged the joints and told me to request the additional joints if wished to claim them.  I missed this.

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I can't say whether or not you have a case but there is a lot of information that may help you here:      https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000014205/M21-1,-Part-III,-Subpart-iv,-Chapter-6,-Section-B---Determining-the-Issues#1d

M21-1, Part III, Subpart iv, Chapter 6, Section B - Determining the Issues

Scroll down until you see the above and start reading.  6.B.1.c looks promising for you.

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    • By JaeT.21
      I have 4 C&P exams this Friday. All for increases. (Migraine, PTSD/depression/anxiety/chronic pain/agoraphobia, bilateral foot pain and knee pain increase [including VA issued knee brace and civilian issued AFO foot brace]).
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    • By armyvet05
      Hello and thank your reading. Can I file for EED and how to do so?
      Filed Claim with 4 contentions on September 10, 2019 with a ITF from Sept 17, 2018-Sept 16, 2019 after being told by the VBA I needed to file it as Supplemental cause previously denied and closed. I got word from Peggy and sent it in with my new and material evidence to include my ITF 09,‘18-09,’19 which was in the first filing, in time under my ITF on Sept.  14, 2019.
      In late October 2019, Supplemental MH approved and IU inferred/deferred pending application with an effective date of Depression as Oct. 1 2019. 
      I bunched the Depression with 3 others but then quickly submitted it as Supplemental still within my 1 year ITF. All three other claims denied sc or increase denied. 
      My ITF is good for the other 3 and still is do to HLR pending but VA paid no mind of my Supplemental’s EED. 
      I ask again, does my ITF cover my AMA award? If so, how do I appeal for it? 
    • By JaeT.21
      Hello, I have C&P exams all in one day in January. Any advice on what to expect?
      Here's a synopsis on what I'm up against/working with. 
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      - Foot pain- I reviewed all of my previous C&P exams and realized my foot pain rating had dropped from 30% to 10% because the rater misquoted me (lied) on the C&P exam. I told him these insoles and stuff didn't work. that my feet hurt all the time. He wrote, I said they were not effective insoles and I have to use all kinds of feet massages equipment to get through my work days. 
      The primary care sent me to this foot pain doctor. All she did was cortisone shots (3 times) in my feet and tried to up-sell me on her brand of insoles. 
      - Migraines- Been at zero percent since retirement. Last year I was hospitalized twice and misdiagnosed with having TIA and strokes/CVA. My VA advocate put in a secondary claim to my service connected cervical damage.  End result not service connected for CVA/TIA.
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      The neurologist provided a letter stating that all of the hospital doctors had misdiagnosed me with having CVAa.  He also diagnosed me with exertional headaches.
       
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    • Update 2:

      Just talked to a representative for my lawyer.

      I was basically told my lawyer is going to write an argument letter and present it to the BVA hearing judge - citing VA rules, regulations, and other similar cases of how my claim has been unfairly rated by the RO given all of the probative evidence.

      The motto of “deny, deny, deny until the veteran quits or dies” is alive and well.

      It should not take a veteran to present their case before the BVA to get it right.

      It is downright insulting and a spit to the face when a veteran clearly has current disabilities (that are presently being treated) that were diagnosed while in-service and documented in their SMRs.

      I find it funny how my least documented disability in my SMRs (patellofemoral syndrome in both knees) was granted when I first filed my claim in 2018. 

      Now I know first-hand how most or some of you feel in hadit.
    • Update:

      My lawyer received the decision letter before I did. I was denied on all of my contentions, and my lawyer sent in the form to appeal to the BVA.

      I find this disheartening because one of my issues (migraine headaches) are clearly documented in my SMRs and even on the separation physical exam the physician wrote “Migraine headaches (severe).”

      My SMRs also showed the frequency (3-5 per month) and intensity (prostrating in nature) of the migraines with documentation of laying down or sleep was my only relief.

      Sumatriptans did not help at all. After I left service, I was also diagnosed by a VA neurologist with migraine headaches.

      Then I had an IME w/ IMO with a board certified specialist who provided a nexus with “at least as likely as not related to his military service” in regards to my migraines.

      I just feel defeated, and my migraine headaches make me suicidal to the point I have suicidal ideation on a daily basis.

      I do no understand how the VA can deny service-connection when the evidence is cut and dry.

      The C&P exam for my migraines was done by an NP who incorrectly applied the VA definition for migraines and opined “veteran does not have chronic migraines. Chronic migraines are 15 migraine headaches per month or more.”

      Migraine headaches are not rated that way, which to me is clearly a CUE.

      I just feel so broken.
    • So, my lawyer sent an IME w/ IMO and filed a supplemental claim solely for IU on March 20.

      It was closed on March 25, and va.gov just states claim closed and nothing more.

      Hopefully, I get good news.
    • Thanks for the responses. I am filing a new claim but will continue pushing the NOD. My new question is it stated in law or statute that if during the claims process the VA finds conditions that could possibly rate service connection that was not originally filed for, the VA will “invite” the veteran to file the claim on the claims form. Reason I ask is that my private DBQs, NEXUS letter, and even the VA nurse examiner's DBQs lists bilateral upper radiculopathy as present. If it is written in statute or official guidance it might qualify as a CUE. Just looking at all angles. 
    • Everyone needs to read our stories so they can try to avoid these screws by the va...
      Thank you, everyone contributes, good or bad, all of our stories will help others, and yes, they have been stated by others for ages, over and over, but we just get depressed, and the time turns into years as they screw us..

      Welcome to the department of Veterans Affairs!  I can honestly say, "been there, done that".  

      Even after winning my tdiu in 2017, it was back to the drawing board as VA hornswaggeld my effective date.  (but of course).  

      I finally won my tdiu effective date in Feb. 2020, 18 years after I first applied!!!  

      Here is how they managed to drag mine out 18 years:

      1.  They never adjuticated my decison until 2009, where they called it "moot".  

      2.  I appealed, said it was not moot because it could result in an earlier effective date and SMC S under Bradley vs Peake.  The judge agreed with me, and ordered VARO consider me for extra schedular TDIU, under 4.16 b.  

      3.  The VARO piddles with  the remand for 3 years, and hoped I wouldnt notice.  I noticed and raised cane until they adjuticated it.  (denied of course).  

      4.  Finally, after the baord denied again, I hired a lawyer, in 2014, and appealed to CAVC.   

      5.  The lawyer won a remand, got an IMO and I won tdiu in 2017.  But at the wrong effective date, even after 15 years.  

      6.  I hired another lawyer, Chris Attig, and appealed the effective date, and he won a remand for effective date.  Trip 2 to CAVC.  

      7.  Mr. Attig won a remand, and advised me to get another IMO.  

      8.  The board awarded my earlier effective date in Feb. 2020.  

           So, I do have advice fighting VA for TDIU, they fought and fought and I hung in there and won it all.  

      ADVICE:  Dont count on VA, they could easily throw your fax in the trash.  Follow up!  
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