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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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Private Doctor Nexus Statement


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Hello All,

I'm new to the forum although I've been on the site to read comments in the past.  

 

 

I've been battling the VA for years trying to get SC for my knees and my back.  I am claiming bilateral knee tendinitis and and bulging disc in my lower back secondary to my service connected right ankle injury and bilateral pes planus.  Every time I appealed, the VA kept sending my claim back to the same NP that keeps denying me over and over.  Every time new information was presented she would come up with a different reason to deny me.  She just keeps doubling down on false information.  First, she said I had a normal gait.  I provided a copy of my exit exam stating I had an abnormal gait.  She then said my gait wasn't bad enough.  My case ended up at BVA where the judge remanded it basically saying that the examiner was ignoring my abnormal gait and other issues.  She then denied it again saying that my age and weight was the cause of my knee and back issues.  I have put on weight but when I originally filed these claims and attended exams I was around 170 pounds or so.  

A couple of months ago, I decided to ask my orthopedic surgeon if he'd be willing to write a nexus statement for me.  I asked him if it was possible that pes planus and a bad ankle could cause knee and back issues and he said it absolutely can.  He couldn't believe that the VA would say it was impossible.  I found a nexus statement online and actually wrote it for him.  I gave him a handful of my records to review showing that the VA had diagnosed me with knee and back issues so he was comfortable saying that he revived my VA records.  I sent this in as a supplemental claim and got a call today from a contract company for a C&P exam.  I was kind of surprised that exams were ordered but I figured that maybe they want to find out the current severity of my conditions.  The person did mention medical opinions which have me a bit worried now.  

I believe I am seeing a general practice nurse practitioner.  If this NP says my knee and back issues are less likely than not caused by my SC pes planus and right ankle, could she really override what my board certified orthopedic surgeon says?

 

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What Buck said above is true!  Now you also need to be ready for the reality of what might happen.  They could totally ignore anything you give them.  They can go off of what the NP says and not say a

THe VA ignored my IMOs it took me going to the BVA to get the win. Even though it was my money already I still enjoyed the nice retro pay when it came in. Remember the only time you lose is when

They ignored my VA doctored and private MDs IMOs unti it went to the DRO but I also stated in my appeal that my medical va doctors and private IMOs  experience equaled 150yrs of experience to 1 DO wit

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They ignored my VA doctored and private MDs IMOs unti it went to the DRO but I also stated in my appeal that my medical va doctors and private IMOs  experience equaled 150yrs of experience to 1 DO with 15 yrs.  Plus I included every rule or regs that applied to a equal or greater than evidence.  I also complained that the examiner was not aware of my condition and refused to accept additional medical treatise to education himself on my condition or review the IMO or VA specialist statements.

complain about it being the same examiner (np) who has less knowledge and expertise then a specialist.  Put in in writing!

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Ruby you are actually very fortunate that the DRO listened and considered your evidence. Usually, they would deny and you would have to push it toe the BVA to get it right. Good for you.

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Would like to think I worded  my case properly and throw everything at them. There wasn’t a medical treatise or a medical opinion that I didn’t have.  They imos were from world renown physicians.(I was lucky).  I think any time you can prove your drs, IMO have more knowledge then time at any level the VA examiner has it’s a win.  Your 100 years or expertise far out cedes the va 10 yr examiners base knowledge-significant

theyre  refuseal to accept the info to make them knoledgeable showed disdain /laziness for the vetereran. Nor would he read the medical treatise. I had at least fifty article or cases and the rules that applied to the eveidence ,such duty to assist. The DRO read my case @nd I won.  He only kind of understood but enough to figure I made my case.  

i took the denial apart word by word.always demand a hearing in person.

good to anyone appealing.

Ruby

 

 

 

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Beware of personal hearings as DROs and BVA Judges can and have ask trap questions looking for supposed dishonesty of the vets so I have heard from knowledgeable others.  When it comes to the question of honesty the VA does not give benefit of doubt to the vet but assumes all vets lie and/or exggregates their symptoms, etc. to receive disability benefits according to at least one law firm that represents vets in their disability appeals.

I am by no means telling any vets to avoid a personal hearing if they want one however I have done just fine for over 30 years in my claims and appeals by avoiding DRO and BVA hearings which of course those hearings add to the length of time for your appeal to be completed.

My information is not legal advice as I am not an attorney, paralegal or VSO.

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