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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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thegat First question is did you have an IMO for these claims? Even if you have med records showing some "issues" that may be the cause, you need a med diagnosis and connection that your sleep difficu

thegat Sorry to see they denied your claims  but don't feel to bad that happens to 95% of all us veterans especially first time claims. or 31% as the VA Says if you can post your denial on A

I stand corrected about filing a CUE Claim or Motion to Revise. The claim needs to be closed, or a final decision made but you can still Appeal this. I am not sure the regulation to use when

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Good day folk.

Hope everyone is having a good day. I’m not! Just went into my E-Benefits page a found out that My claims for Sleep Apnea and my Back conditions among other things was Denied! I’m currently rated at 40% right now with 10% Tinnitus, 30% PTSD. I did 9 ½ years active duty with a trip to afghan in 2009 and finished my service in the reserves in 2019. I believe I know where I went wrong with the Sleep Apnea by not filing it as a secondary. I’ve done a sleep study with the V.A recently and it came by that I have it.  They have issued me a machine for my breathing. The only issue is apparently it isn’t service connected. I don’t see how it isn’t because I told them in my initial statement that it started when I was deployed. In my final deployment exam I told them that I had been having issues with my sleeping when I was deployed. I told them that I had back issues when I was active duty. They did an X ray on me just about 4 months ago and it showed some stuff wrong with my back. They issued me medication and are giving me therapy. This condition came back not service connected. The snuffed me on My flat feet claim when I was active duty And the doctors even at annotated it. If you know anything about the human body, you know the next thing you probably will have issues with is your knees. Guess what? Surgery on the left knee but while I was in the reserves. Again documented! And as I mentioned before on here I think they sold me short on my PTSD! Listens I filled for some of this stuff like my feet, knees and pseudo folliculitis  back in 2004. The notes made in my 2009 deployment should have been a shift walk in the park as far as the PTSD, Back issue, Sleep apnea. Active duty from 1996-2004. Due to me being in the reserves from 2005 to 2019 I was told just to wait till I retire. Maybe that was a mistake??? I think I’m at a point where it is time to go looking for a lawyer! Do I look for a lawyer now or do I file for an appeal first? Thanks for letting me vent!

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thegat First question is did you have an IMO for these claims? Even if you have med records showing some "issues" that may be the cause, you need a med diagnosis and connection that your sleep difficulties, for example, are a direct result from your service event. Service connection ia a big deal. If the examiner says they don't think a disability was caused by an in-service event or issue, without an IMO, you don't have a chance at least on the first go round in the disability process. Same is true for flat fee related to knee, etc., etc. Protect your effective date by filing an intent to file. Then research your next step.

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Posted (edited)

thegat

Sorry to see they denied your claims  but don't feel to bad that happens to 95% of all us veterans especially first time claims. or 31% as the VA Says

if you can post your denial on ALL your denials  we can help you better.

Sounds like to me you might have a CUE brewing..if you have submitted your evidence  and this evidence was documented while you were still in the military  or if you filed within 1 year after your ETS.

The evidence must show on record that you had medical problems while in the military..now on some of the contentions that your claiming was not documented while you were in the military  then you will need a IMO as GB Army mention in the above post.

you  may need an IMO ( Independent medical opinion)   from a qualified  medical Dr  his/her professional opinion that  your******  condition is likely as not caused or related to your military service   you need this to established service connection first..after you established service connection then you need a Dr to state your condition or symptoms is related to or caused by military service ect,,,ect,,,

if you were diagnose for OSA (Sleep Apnea) and you have medical records that you reported a sleep disturbance while you were in the military  you can get that service connected and at least a 50% rating if they prescribe you the C-PAP Machine medically to use  then yes you can file a secondary claim for the OSA   especially if you have a service connected condition that can be related or the cause of your sleep apnea   example  PTSD  can cause OSA  so it can be a secondary claim  to your PTSD/Meds

IF YOU HAVE SUBMITTED YOUR EVIDENCE TO PROVE WHAT YOUR CLAIMING AND THEY NEVER USED IT  OR EVEN MENTION IT ?  THEN YOU GOT A CUE Claim ,THAT EVIDENCE IS FAVORABLE FOR YOU TO HELP SUBSTANTIATE YOUR CLAIM &  IF THEY NEVER USED IT TO MAKE THEIR DECISION AND YOU WERE DENIED..  that spells CUE..

.HOWEVER THE EVIDENCE MUST SHOW PROBATE EVIDENCE TO HELP SUPPORT YOUR CLAIM  OR CLAIMS  IN YOUR FAVOR AND WOULD HAVE CHANGE THE OUTCOME OF THEIR DECISION

post your denials here on hadit   you can use this same post...  and we can better help you.  cover your name and file number and any personal information.  WE NEED TO KNOW WHY THEY DENIED YOU.

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I stand corrected about filing a CUE Claim or Motion to Revise.

The claim needs to be closed, or a final decision made but you can still Appeal this.

I am not sure the regulation to use when they neglect to look at your evidence  and not read your records, they do have a duty to assist under  38 us code 5103

I would need to go research this evidence part if they never read your evidence or used it in their decision.

I can't think of the 38CFR Regulation on that.?...but they do have one

some others can chime in

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Posted (edited)

.

I am not sure the regulation to use when they neglect to look at your evidence  and not read your records, they do have a duty to assist under  38 us code 5103

I would need to go research this evidence part if they never read your evidence or used it in their decision.

I can't think of the 38CFR Regulation on that.?...but they do have one

some others can chime in.

However I run across this at hadit

“If The veteran’s assertion of CUE is based on VA’s failure to consider highly relevant medical evidence, that is, the RO denied the existence of medical evidence that was clearly of record at the time of the rating decision. The Board is convinced that the RO committed error based on the record and the law that existed at the time the decision was made and had the error not been made, the outcome would have been manifestly different

 

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