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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

HadIt.com Anniversary 24 years on Jan 20, 2021
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The package sat in the mailbox at Janesville...


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I need a sanity check...  I filed my first VA claim after being out of the service for over 20 years and was awarded 80% from the day I filed.  I then followed up with another claim that moved me to 90%.  In the mean time I appealed the denials from the first claim.  I am now 100% P&T (I am 63).  I have my good days and bad days but I am not going to complain.  This is my issue - I submitted an intent to file on the second claim and submitted it by overnight mail and can prove that it arrived and was ready for pickup on the morning of May 29th of last year.  That is the day my Intent to File expired.  My package sat in the box until it was picked up on the 30th and was then recorded as arriving on the 30th and the intent to file null and void.  I can prove this from the U.S. Post Office documentation.  I should not have waited to the last minute however that is another story.  I want to submit an appeal for the date of receipt.  Am I opening myself up for another set of evaluations and is this type of appeal even considered.  I have poured through the instructions and can nothing about date of receipt.  Does anyone have any experience on this?     

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CapnHaddock I'm a little confused on the sequence of events. You appealed and got approval to 100% P&T on the first claim right? Before it was approved you submitted an ITF on the second claim? If

if the date of appeal receipt the date they got the INT Thats the date the VA goes by  when they first get it...if it arrived at the post office the 1 day before the expiration date and the VA picked

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Why couldn't they determine the EED to be the date the mail was stamped?

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CapnHaddock quoted

'' am I opening up the entire claim or just the issue of the award date?''   you can appeal the entire decision if you so wish?

  if the 10% increase is ok with you  then don't appeal that,but you might check the rating creteria for that claim and make sure its just a 10%increase ? other wise it maybe more..>  just make sure... 

but if they say your EED date is incorrect Appeal that  especially if its your ITF  EED.

I NEVER HEARD OF THEM TO DENY  ON A ''POST MARKED CLAIM ENVELOPE'' ON THE DATE IT WAS DUE ...YOU CAN CHECK YOUR  C-FILE FOR THAT POST MARKED ENVELOPE.  you need this envelope bad that's your evidence for your INT RETRO.  ..NOW IF IT WAS POST MARKED ONE DAY AFTER YOUR CLAIM WAS DUE  THAT GOT CHA.  OR 1 MINUTE AFTER MIDNIGHT.

If your luck is like mine  it won't be in there....for obvious reasons.  but don't hurt to look.

  12 months of retro would be a nice hunk of change.

its nothing new,  to be late one day on an ITF  they are ''honorary  about our EED. and love to deny on just ABOUT ANYTHING THEY CAN .

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CapnHaddock and Fat, I would say that VA will fight just about any claim for an EED. Even a claim form 80% to 90% to 100% over a years' time will result in quite a substantial retro payment. In some cases the rater didn't read enough evidence and in some cases the rater ignored the evidence. The veteran must decide to challenge the effective date or let sleeping dogs lie.  The thing would really be for the veteran to decide to fight the rating decision within one year because after a years' time the criteria for filing a CUE Claim is a lot harder to win and will take a lot longer. Some veterans are afraid of losing their benefits (which is not possible if their symptoms remain the same) and VA is very aware of that. VA has tried in the past to reduce veterans ratings when veterans file for increases and or corrected EED but the BVA has reverse those  decisions and stooped those reductions. 

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Buck - I checked and the letter I sent before the claim was completed pointing out their error is available on line in EBENEFITS!  I have all the post office tracking information in that letter and it also shows up in the file VA.GOV.  I have the receipt dates in which it was scanned into the VA system and the tracker they gave it.  It was mailed overnight three days before ITF expired.  They simply ignored it.  I have submitted the appeal - now we have to wait for the outcome.  

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