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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

Question

Good day to all.  A little background before I get to my questions...  I am a 70% disabled veteran and was recently let go from my job as a service technician.  Admittedly, the job was hard on me because of my main disability (back condition). The owner of the company gave me a letter that stated I was "laid off" on a permanent basis.  Essentially, I was fired. I was "laid off" the day after I came back from a week off for recuperating after aggravating my back condition on the job.  I did have a doctor's note and the owner was already aware that I was a disabled vet.  During my meeting with the owner I told him that I knew he was letting me go because of my disability issues.  He said nothing.  I have a good rapport with the office manager.  She said she would add something to my "layoff" letter or possibly write a letter for me that I can have for VA purposes.  

Now, on to my questions:

I'm unsure as to how I should phrase the letter.  Should I just have the office manager put a sentence in my original layoff letter that states "Unfortunately, due to the nature of this position, no reasonable accommodations can be made" or "Unfortunately, due to the nature of this position and your physical limitations, no reasonable accommodations can be made?"  Or should I ask if she would type an entirely new letter for me?  If so, what should I have her write?  Would this letter hold any weight on my behalf when I go for a re-eval?

This leads up to my second question.  The 20-year anniversary is coming up on my rating. Which means, if I'm not mistaken, that the VA cannot decrease my rating unless they can prove fraud.  Is that correct?  I'm waiting for that anniversary because frankly, I do not trust the VA. If I go before that time there's always that small chance that they could find a way to decrease my rating. And I just cannot risk that.  If my rating falls below 50% not only would I lose 20% of my VA income, but also my retirement concurrent receipt. That would be a devastating blow, and that's the main reason I'm waiting for the 20-year mark.  Should I have an organization like the American Legion or DAV work on my behalf? Or should I look at getting a disability attorney?  Not sure which is better.  I do know that a caring and knowledgeable representative is hard to find.  I do see VA disability attorneys often on YouTube but I'm not sure which one to go with. Any suggestions would be very helpful.  

Thank you for taking the time to read my post.  All replies are very much appreciated!

 

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I second all those lawyer endorsements.  I used Chris Attig personally.  We won a remand and my cost was zero.   Upon remand, I took his advice and got an IMO from voc rehab specialist, and won b

Is your service connected 70% due to your Back Problems? The Letter is good ,    I would ask if the letter can be written out as  due to your VA disability and "Unfortunately, due to the nat

i've used bergmann and moore and had a good experience and outcome. http://vetlawyers.com    

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I recommend that you obtain a vocational evaluation from a doctor qualified in legal medicine.

Watch Dr. John Ellis'(Ellis Clinic) presentation on Youtube.

After getting his IME, file for the increase.

Keep your award money in your own pocket.

If your claim for increase is denied, THEN hire an attorney.

 

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