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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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    • How to get your questions answered...


      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.


      Leading to:

      Post clear questions and then give background info on them.

      Examples:

      A. I was previously denied for apnea – Should I refile a claim?


      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?



      B. I may have PTSD- how can I be sure?

      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?



      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

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      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
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Glenndawson100

How to proceed? Supplemntal Claim from Grand Mal Epilepsy DENIED

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Hi there,
Recently actually yesterday the 21st of February the VA gave me notice that my supplemental claim had been decided and that they had sent out the letter that morning as well (meaning the decision was actually made on the 20th). This of course prompted me to check Ebenefits, where I saw no change in my rating. I'm currently rated at 40% for other issues. And in the past Ebenefits updated almost instantly leading me to believe that this supplemental claim was denied.
I originally submitted my Epilepsy claim back in august, it was denied about 4 months later due to conflicting phraseology given by one of my doctors (mind you i still have a diagnoses of Epilepsy with 15 witnessed Grand Mal seizures at this point). Once i got the original decision letter I contacted my County VSO's office and set up an appointment. After they reviewed everything they we surprised that my claim was denied as it has a clear nexus and on top of that falls under the conditions; that if they manifest within a year its considered service connected (I separated 02/01/2019, first seizure onset was 05/25/2019). They did review the 112 pages of evidence from my civilian doctors and did see the conflicting phraseology. They told me that if I could get my Neurologist to just confirm my diagnoses and say i was and have been under treatment since 05/25/2019 that we could submit a supplemental claim since that's the fastest route. So that's what we did. That brings us to now.
Under the standards for Epilepsy I was looking at a single rating of anything between 80%-100%. An 80% from 40% would have resulted in something Close to 90%. While i'm holding out, since in either case the retro pay (if my claim was awarded) would be greater then 20K that the additional signatures required are slowing down Ebenefits from updating, but as in most cases if the letter has sent and Ebenfits doesn't updated, 90% of the time you Claim/Supplemental/Appeal is denied. ( I mean correct me if I'm wrong).
Whats the moral of the story? No matter how much evidence you have to support you the VA will be the VA. I'm lucky that I'm rated for other conditions so that I can at least have the VA help me cut down on the costs of treatment for Epilepsy, but it would have been nice to have it service connected so that I wouldn't have to wait months on months for Neurology appointments since I don't have priority.
If any one has any information for me that might help moving forward, I'm all ears as once my letter is received and upon reading of the denial ill be filling an appeal.

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First, wait for the decision.  Speculating on what ebenefits means is not productive.  I recently got favorable board decision AND a favorable VARO implementation (The VARO actually gave me more than the BVA required.  I was awarded eed for tdiu by the BVA, but the VARO ALSO awarded SMC S)

In both cases, ebenefits was inaccurate.  I knew this would happen and waited.  

About 3 weeks later, a deposit went to my account for retro.  

Moral:  Dont count on ebenefits, wait for the envelope.  At a minimum, they dont update ebenefits frequently, so its usually out of date.  

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Until you get the letter you don't know for sure. Ebenefits isn't an instant update. Did you try printing your new benefits letter? I've seen that update before the rest of the site a few times. Either way, you can't really decide how to proceed until you have the letter to say why (If) it was denied.

Edited by brokensoldier244th
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Welcome to Hadit!

Following, I go to neurology for TBI and secondary symptoms, wishing you the best when you get your packet/updates!

Edited by awgv001

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23 hours ago, broncovet said:

First, wait for the decision.  Speculating on what ebenefits means is not productive.  I recently got favorable board decision AND a favorable VARO implementation (The VARO actually gave me more than the BVA required.  I was awarded eed for tdiu by the BVA, but the VARO ALSO awarded SMC S)

In both cases, ebenefits was inaccurate.  I knew this would happen and waited.  

About 3 weeks later, a deposit went to my account for retro.  

Moral:  Dont count on ebenefits, wait for the envelope.  At a minimum, they dont update ebenefits frequently, so its usually out of date.  

Yeah, while I guess I really shouldn't put all my eggs into one basket but with all of my other ratings, after the VA said they sent the decision letter, Ebenefits reflected the new rating % on the same day, of course the pay out was a lot smaller so that could be the case. I'm by no means hopeful.

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About 1/4 down in this VA article, are the regulations regarding claims filed within one year of service.:

The regulation they cite is linked in the article and also available at hadit under a search

https://www.va.gov/disability/eligibility/illnesses-within-one-year-of-discharge/

https://www.benefits.va.gov/warms/docs/regs/38CFR/BOOKB/PART3/S3_309.doc

If the disability is not a "chronic Presumptive" under those regulations you will need to try to find an inservice nexus in you SMR , and/or your  military 201 Personnel file, and/or with strong buddy statements and you might need a strong Independent medical Opinion based on review of your inservice records.

But you do not have a decision yet and if it is a denial and if you can scan and post the decision here when you get it ( to include the evidence list) we can help more.

cover your C file, name ,etc prior to scanning it.

 

 

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    • How to get your questions answered...


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