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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

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so...............

 

I WON MY CLAIM! 

 

sorry i had to get that out one more time. i am now 100% p&t. but my eed is december 2019 instead of the original claim date. i am trying to figure out what i need to do. should i file cue? should i just file a supplemental and ask for correction without cue? should i do something i am not even thinking of that you guys know better? 

 

reason i think cue is because in my letter, the judge specially says my original claim was 2013 and dx was 2008. it seems the vro clearly ignored this. also, they didnt even use the latest appeal date. i reopened the original 2008 claim back in 2013, but was denied and appealed multiple times and the last appeal was in 2019. Ill have to go through my c-file to get exact dates but this seems a big miss to me but maybe they are getting me on loop hole here because I didn’t reopen the original claim from 2008 until 2013, after the appeal window had closed.

 

Any help or advice of course. Thanks guys for everything. I couldn’t have gotten here without your wisdom and encouragement!

 

Law Jude Decision.pdf decision-letter_osa_4-20-21.pdf

Edited by blahsaysme2u
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so...............   I WON MY CLAIM!    sorry i had to get that out one more time. i am now 100% p&t. but my eed is december 2019 instead of the original claim date. i am trying

You can appeal the EED  just let them know you disagree with your EED and let them know why.& explain to them in a nice way about why your EED is not correct.  also don't forget to look and see if

You did very well on the re open, because as I understand the downloads, you provided the VA with new and relevant material-the Buddy statements. However I do not foresee getting a better EED:

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ok i found out a few things going through my cfile

first my claim was never reopened until 2018...looks like vfw and dav both xxxxxx me and i just never noticed the claim never opened...it wasnt until 2018 when i got new VSO that claim was reopened and first new denial was sent.

here is the original denial:

image.thumb.png.529f7fd8b70636bfc1804b8b73d54886.png

 

here is the the reopened claim denial:

image.thumb.png.d012ffa323b1878c07094abaa9580183.png

Denial for HLR:

image.thumb.png.7d6e1ed64b09670374a7efe0455255a1.png

Denial for first CUE:

image.thumb.png.0246bd7b2dad31333a8dde5006f4b9d7.png

at this point we appealed to VBA and won...they still didnt use the correct EED date, even if they are using the first time i reopened the claim, which should have been june 6, 2018... so either way i need to fight the EED but i really want to try and get 2008 date when i first filed, was dx and was denied based on lack of medical records and poor c&p exam(as was stated in my decision letter that i won this year by the judge, the medical opinion showed no nexus but had no value with the other evidence)

 

along with the addition of service record in my reopened claim showing my exit exam- i think this is doable. i have contacted lawyers and still waiting on replies. i have meeting with vso this friday. Virginia provides free lawyers if they believe there is a case to be made so will see what happens.. will keep you updated. 

if you have any input in light of the denial letters i have posted, please i would love to hear it!

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    • By blahsaysme2u
      ok i found out a few things going through my cfile
      first my claim was never reopened until 2018...looks like vfw and dav both xxxxxx me and i just never noticed the claim never opened...it wasnt until 2018 when i got new VSO that claim was reopened and first new denial was sent.
      here is the original denial:

       
      here is the the reopened claim denial:

      Denial for HLR:

      Denial for first CUE:

      at this point we appealed to VBA and won...they still didnt use the correct EED date, even if they are using the first time i reopened the claim, which should have been june 6, 2018... so either way i need to fight the EED but i really want to try and get 2008 date when i first filed, was dx and was denied based on lack of medical records and poor c&p exam(as was stated in my decision letter that i won this year by the judge, the medical opinion showed no nexus but had no value with the other evidence)
       
      along with the addition of service record in my reopened claim showing my exit exam- i think this is doable. i have contacted lawyers and still waiting on replies. i have meeting with vso this friday. Virginia provides free lawyers if they believe there is a case to be made so will see what happens.. will keep you updated. 
      if you have any input in light of the denial letters i have posted, please i would love to hear it!
       
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