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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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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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I’m fortunate that I leave near a VARO, I took my claimed and had them date stamped (each piece of paper) some times.  If I needed to file something by mail it was numbered and sent return receipt. 

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Deebbud,

the section your looking for 3.159 (5/08) duty to assist.

1. Competent. Medical evidence means evidence provided by a person who is qualified through education, training or experience to offer medical diagnoses, statements, or opinions. Competent medical evidence may also mean statements conveying sound medical principles found in MEDICAL TREATISE. It would also include statements contained in authoritative writings such as medical and scientific articles and research reports or analyses

i always wrote see section etc. duty to assist then I would type that section, number, it as evidence and provided a copy.  I did this because no one could say oh I didn’t know, if it went to the highest court every piece of evidence would be in my file to support my claim.

 

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Buck,

if the VA acknowledge they recieved a claim but never adjudicated the claim is that a cue. 
 

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IMHO Filing a CUE claim should definitely bring to their attention the fact that they failed to adjudicate the claim and should start the ball rolling on that claim.  You can also make other inquiries to your VSO and/or local VARO about the claim using whatever evidence/documents you have to prove you filed the claim.

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