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  • 14 Questions about VA Disability Compensation Benefits Claims


    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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My C&P report was so F'd up that the doc has disciplinary exposure with the State medical Board and even a civil action. I am offering her a chance to avoid any complaints. I want to honestly tell her how hard it is for anyone not working on my claim to access the claim file. Please advise.

I would like to be able to tell her that there is a snowball's chance in hell that anyone (particularly her supervisors) on the West Coast will find out she has owned up to and corrected her errors. Is this true? Citations to controlling regs would be great.

Thank you.

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This is just my humble opinion, but I think you are missing the point. You have the right to challenge a negative medical opinion any way you deem fit, but the simplest way is to get a positive medica

All I can suggest is , if the remand does not award the claim or at least the Brain injury and TDIU, another strong  IMO/IME would be in order. I had two very strong IMOs and a brief freebee opin

"Medical personnel have statutory immunity from “individual” malpractice liability while acting within scope of employment. A VA physician cannot be sued in civil court for the malpractice (tort) clai

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Posted (edited)


i Would send a request for my C-File at my R.O. AND ONE TO THE INTAKE CENTER

Requestors should mail or fax their FOIA requests to the Intake Center in Janesville, Wisconsin, Department of Veterans Affairs - Claims Intake Center, P.O. Box 4444 Janesville, WI 53547-4444, Fax: 844-531-7818 or DID: 608-373-6690

If you seek other benefits records maintained by VA, to include Vocational Rehabilitation & Employment, Insurance, Loan Guaranty or Education Service, you must submit these records to the FOIA Officer at the VA Regional Office serving the individual's jurisdiction, or to the FOIA Officer of the VBA, VA Central Office.

Here is a PDF Link to the FOIA Form





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I agree with Buck.  A c and p exam is "a doctor's opinion" on your condition. He is not treating you, and he wont be sued for malpractice because he has a different opinion on your condition than his peers.  All doctors have difference of opinions. 

If you dispute information contained in your c and p exam, my advice is to do the following:

1.  Ask for the records in question to be amended (changed), by following this regulation to the letter:


2.  If the competency of the examiner is in dispute, then dispute his/her competency as explained here:


3.  If the above fails, then you can refute an unfavorable exam with a favorable exam, by hiring an IMO/IME to refute the exam.  

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You have three separate topics her and it is confusing me-

I assume this is your remand:


Have you had those C & P s yet, that the remand calls for?

Have any of them- and particularly the one for the main issue-the brain injury due to proven toxin exposure,already been done?

Or is it that you expect another crappy exam for that issue?

You do have a good claim,but like many of us you have gotten lousy C & P exams,which many of us have overcome with medical evidence, that most often warrants a strong IMO/IME hat will knock down the C & P results with a full medical rationale.

I hope other will take the time to read the Remand.

You said:

"My C&P report was so F'd up that the doc has disciplinary exposure with the State medical Board and even a civil action."

If you mean the older C & P exam, documented proof of that would help challenge any new C & P exam that also might be  " f'd "up.

You had two strong IMO/IMEs in the BVA decision----TDIU also depends on the remand .

Would Dr. "P.L." be willing to do an additional opinion that covers the remand questions that the VA examiner will have to answer?

(a) For each currently diagnosed neurological, state whether the disability clearly and unmistakably existed prior to the Veteran’s active service. In responding to this question, the examiner is advised that “clear and unmistakable” means that the conclusion is undebatable, unconditional, and unqualified, and cannot be misinterpreted or misunderstood.

(b) For any currently diagnosed neurological disability that DID clearly and unmistakably exist prior to service, the examiner should provide an opinion as to whether that disability was clearly and unmistakably NOT aggravated by service. The examiner should comment on the Veteran’s pre-service history of a head injury and multiple grand mal seizures as well as his post-service concussions. Additionally, the examiner should specifically address the Veteran’s conceded exposure to toxic jet fuel, chemicals, paint fumes, and assorted solvents during service; service personnel records regarding the Veteran’s character of discharge; and the Veteran’s history of alcohol use.

(c) For any currently diagnosed neurological disability that did NOT clearly and unmistakably exist prior to service, the examiner should provide an opinion as to whether it is at least as likely as not (50 percent or better probability) that such condition is etiologically related to the Veteran’s active service. The examiner should specifically address the Veteran’s post-service concussions, prolonged exposure to toxic jet fuel, chemicals, and assorted solvents during service, and service personnel records regarding the Veteran’s character of discharge. The examiner should consider the relevant STRs discussed above, the conflicting opinions of record, and any medical articles submitted by the Veteran. The examiner should consider that the Veteran’s lay assertions alone are not a sufficient basis to determine that he clearly and unmistakably had a neurological disability that pre-existed entrance to active service. Further, the lack of medical treatment or diagnosis of a neurological disability during service alone is not a sufficient basis to determine that a neurological disability was clearly and unmistakably not aggravated during active service. The rationale for all opinions expressed must be provided."






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I was a little bit confused too Ms Berta

Maybe he means how restricted our files are to look at  via VBMS?

I know it takes the higher ups at the VA VSO's VSR's and a VA Approved Attorney's and Certified Accredited VA Claims Agent's to have access or security clearance to be able to get into the VBMS.  IF so then I'd say its pretty well restricted.

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