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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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    • 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.

      Note:

      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.
      • 2 replies
    • Exams that were being sent strictly to contractors before, due to VAMCs not being open, are starting to be routed back to VAMCs. This is going forward from last Friday- not sure if prior scheduled exams will be re-created for VAMC vs vendor.
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    • Mere speculation in your VA C and P exam

      M21-1, Part III, Subpart iv, Chapter 3, Section D – Examination Reports III.iv.3.D.2.r. Examiner Statements that an Opinion Would be Speculative Pay careful attention to any conclusion by the examiner that an opinion could not be provided without resorting to mere speculation (or any similar language to that effect). VA may only accept a medical examiner’s … Continue reading
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    • A favor please - just changed servers so if you have a moment...
      A favor please - just changed servers so if you have a moment go to https://www.hadit.com I'd like to see how the server handles a lot of traffic. So if you have a moment click the link and i can see how things are going on the back end.
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      Fund HadIt.com Veteran to Veteran LLC


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El Train

Back pay boondoggle

Question

Long story short.  I claimed scars in 1993 when I exited military.  Denied, couldn't find records. Denial letter states 'if we find your records we may reconsider'. Fast forward to to 2017.  Found my records in storage, filed again for scars.  Got 10%.  Filed an NOD and got an outside IME.  Had another VA C&P that turned out great in my favor.  80% overall for scars.  Hired a law firm to get back pay from 93.  They granted the retro at the original 10% and not the increased 80%.  Go figure.  They aren't gonna give that 80% back to 1993 easily I guess.  The fight continues.  I'll keep everyone posted.

The fact they backdated states they agree it should be granted I suppose.

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Sounds kinda simple. But I know one thing , to get back pay difference between 10-80% going back some 26 years is not going to be simple. There are a lot of loop holes my little mind can't imagine. The VA's suits are going to fight hard to hang onto that pile of cash. I hope you have a good lawyer for EED. Wish you the best of luck brother.

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I have CCK in partnership with Woods & Woods working it.  And I believe they put in an increase for the rating as well.  

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You might want to check with Hadit Mod & Member broncovet   he is pretty good with these EED's and the regulations to win them.

Do you mean you got an increase for the scars? from 10% to 80%???

I don't think I understand that?..unless you have a combined rating to reach the 80%for another S.C. Condition? Injury or Diseases?

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Posted (edited)

If you have CCK and woods and woods, well, you have some of the best.  What did they tell you about this?

Your effective date is the later of the "date of claim" or facts found.  The facts found usually means the date  the doc said you were disabled.  

New service records (38cfr 3.156c) should apply here, since you indicated the records were eventually found.  If you applied within a year of exit from service, you could get an effective date back to your date of discharge. 

Since I havent read your file, I suggest you do as ccklaw, and woods and woods suggest.   If you have 2 giant law firms working this, they obviously think you will win. 

Edited by broncovet

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Interesting.  Keep us posted on how they decide this.  I'm fighting the backpay boondoggle as well from a claim I filed in 2010.  

I filed for pes planus and knees/back secondary to pes planus and right ankle (was already 10% for this).  It took about 3 years due to the backlog and me moving to a different state but pes planus was denied so of course knees and back were denied as well.  It was noted on my exams that I did have bilateral knee tendinitis and a back issue.  I filed a NOD and asked for a de novo review and I was sent for new exams.  The pes planus claim was granted at 30% with the effective date back to the original date of claim in 2010 but the knees and back claims were denied again.  Even though it was clearly stated on my exit exam that I had an abnormal gait, the examiner claimed that I had a normal gait so it wasn't possible for my pes planus to cause my knees and back issues.  She also claimed that the literature says that pes planus could not cause knee and back issues.  I submitted a copy of my exit exam and asked for it to go to the BVA.  BVA remanded it questioning the examiners reasoning for the denial and asked for the literature that she was referencing.  I opted into RAMP to speed things up.  The same examiner then opined that although I had a bad gait, it wasn't bad enough.  She also threw in my weight and age as the reason for my knee and back issues.  In 2010, I was only 35 and nowhere near overweight.  In February 2020, I submitted a supplemental claim and a nexus statement from my orthopedic surgeon stating that it was more than likely that my knee and back issues were cause by me running, marching, etc. on a bad ankle and flat feet while I was on active duty.  Claims were finally granted but they made the effective date the date that I submitted the supplemental claim.  

So, in my humble opinion, it was clear to the VA when I filed in 2010 that I had diagnosed pes planus, knees and back issues.  And since they eventually granted pes planus with the 2010 effective date, the same should go for the knees and back.  I filed an HLR for them to correct the effective since I had been continuously pursuing these claims since 2010.  Hopefully, they will fix it but if they don't I think the BVA will.  

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  • Our picks

    • 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.

      Note:

      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.
      • 2 replies
    • Exams that were being sent strictly to contractors before, due to VAMCs not being open, are starting to be routed back to VAMCs. This is going forward from last Friday- not sure if prior scheduled exams will be re-created for VAMC vs vendor.
      • 7 replies
    • Mere speculation in your VA C and P exam

      M21-1, Part III, Subpart iv, Chapter 3, Section D – Examination Reports III.iv.3.D.2.r. Examiner Statements that an Opinion Would be Speculative Pay careful attention to any conclusion by the examiner that an opinion could not be provided without resorting to mere speculation (or any similar language to that effect). VA may only accept a medical examiner’s … Continue reading
      • 0 replies
    • A favor please - just changed servers so if you have a moment...
      A favor please - just changed servers so if you have a moment go to https://www.hadit.com I'd like to see how the server handles a lot of traffic. So if you have a moment click the link and i can see how things are going on the back end.
      • 11 replies
    • It's time to ask for help from the community. If you can help with a gift it would be very appreciated.

      Fund HadIt.com Veteran to Veteran LLC


      Give a financial gift to help with the upkeep of HadIt.com. HadIt.com is NOT a non profit. Gifts are not tax deductible, they are just gifts. 
      • 11 replies
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