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During her time at UCF, she interned with the Public Defenders Office and the Florida House of Representatives, desiring to use her education to fight for others. I do take frequent naps 3-5x per week, to include 15-to-30-minute rest periods during the workday, especially when the headaches occur. Simply because a non-service-connected disability prevents a veteran from working, does not preclude the possibility that their service-connected conditions impact their ability to work as well. Ringo. It is important to document and show VA that your employment is marginal. These cookies are essential so that you can move around the website and use its features. 4.16(b), to state that a total disability rating based on individual unemployability will not be assigned if the veteran already has a total schedular rating.9 ** Advocacy Tip** The advocate should write to the VA and request that the VA inform When filling out a VA form 21-4138, you will first need to provide some identification information, including: You can write in this fillable information by hand or type it on your computer. Just try to figure this one out also. For example, lets say youre going to file one VA disability claim with three separate conditions: An increase for your service-connected PTSD, an increase for your service-connected GERD, and a new secondary condition for Migraines secondary to Tinnitus. Expert Tip: Pay close attention to the symptoms based upon the rating criteria of the condition youre claiming from CFR Title 38, Part 4, Schedule for Rating Disabilities. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. Before we begin, make sure to download the official VA Form 21-4138 Statement in Support of a Claim and save it to your computer. They may be able to show you areas where you should go into more detail and help you fill in any gaps in your narrative. When you file, youll have to provide evidence (supporting documents like a doctors report or medical test results) showing that your disability prevents you from holding down a steady job. List the Name of the Disability Youre Claiming in the First Section of the VA Form 21-4138 #2. We reviewed her work and education history and agreed that she was individually unemployable because of her service-connected disability. Smith was referred to me in June 2012 for his Parkinsons Disease, and has been under my care since that time. It is important to go into as much detail as possible in order to make your statement come to life for the VA. Also, make sure that you are giving the VA a complete picture of your disability, including the impact your disability has on your day-to-day life, social interactions, and employment. I was formally diagnosed with PTSD in 2006 (see pages 22, 35, 47, and 68 of the attached VA Medical Records). These cookies are necessary for the website to function and cannot be switched off in our systems. Rather than saying, I have depression, consider talking about specifically how your condition affects you, such as: I struggle to get out of bed in the morning. Or I dont like going to public places or being in large crowds. Think about the statement as a way to paint a picture of your daily struggles. If a veteran is only able to lift five pounds, the vocational expert may conclude that this particular veteran can not meet the basic needs of a sedentary occupation, and therefore cannot follow substantially gainful employment. I didn't have to give a lengthy explination I was straight and to the point with what my problems were and how they were affecting my everyday life as well. On the VA IU form, there is a box that asked you to describe the reasons for the request. But in the end like everyone on here will probably tell you what the VA Dr. says in the exam is what holds the most weight in your case. For instance, if you have a PTSD or mental health claim and a few orthopedic or physical claims, you may want to write separate statements for the mental health and physical claims. Do you want to write about all the pending claims you have before the VA, or just one or two? To receive some benefits, Veterans need a letter proving their status. Use VA Form 21-8940 if you want to apply for Individual Unemployability disabilitybenefits for a service-connected condition that prevents you from keeping a steady job. The. The more details are present, the more the VA will understand the circumstances surrounding your VA benefits claim. While we dont believe most veterans would intentionally give false information, sometimes details surrounding an event may be hard to remember. A Veterans Application for Increased Compensation Based on Unemployability (VA Form 21-8940) Get VA Form 21-8940 to download and A Request for Employment Information in Connection with Claim for Disability Benefits (VA Form 21-4192) Get VA Form 21-4192 to download Last updated: October 12, 2022 Feedback On the VA IU form, there is a box that asked you to describe the reasons for the request. This data may be used to help optimize our websites and make them easier for you to navigate. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. Certain instances exist in which veterans can work full-time and collect TDIU benefits. Estimate your 2023 VA Rating & Compensation for FREE! This is typically the easiest way to send the letter to the VA. Use VA Form 21-8940 if you want to apply for Individual Unemployability disabilitybenefits for a service-connected condition that prevents you from keeping a steady job. Also, you might discuss how due to your worsening right knee pain and instability, you have been putting more weight on your left knee. VA Form 21-8940 Section II: Disability and Medical Treatment. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 's criteria for this claim, I must be found "unable to maintain substantially gainful employment" as a result of my service-connected disability of Post-Traumatic Stress Disorder (PTSD). Whether youre growing hot or sweet varieties, there are some important tips for success. This is because medical opinions actually list the physical or cognitive limitations the veteran is facing. Now that you know how to write your statement in support of your claim, here are some tips for making that statement as effective as possible. Peppers take longer than tomatoes to get going, so start them first. Lay statements can be very beneficial to any VA disability claim, plus they are free, simple to acquire, and veterans may submit as many as they would like. A Veterans Application for Increased Compensation Based on Unemployability (VA Form 21-8940), A Request for Employment Information in Connection with Claim for Disability Benefits (VA Form 21-4192). Here is an example of how to write this section: I suffer from severe symptoms of PTSD and now have hyper-sensitivity to lights and loud noises, near constant anxiety and depression, suicidal thoughts, near constant panic attacks, sweating, heart racing, ringing in my ears, tingling in my arms, mouth, and lips, dry mouth, headaches, severe insomnia, significant impairment of my short-term and long-term memory, severe anger issues, and paranoia. VA buddy letters, also known as lay statements or lay evidence, are credible statements made in support of a claim for VA disability benefits. Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. Find out how to file a claim for disability compensation or increased disability compensation. endstream
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<. My name is John B. Doe, and I served in the United States Army as an Infantryman from 2002-2012. Dear Veteran, Heres the brutal truth about VA disability claims: According to our data, 8/10 (80%) of veterans reading this message right now are underrated by the VA. It may be difficult to remember the details many years later, but you may remember sounds you heard before your fall or the feeling of the ground hitting your back. There are two ways in which veterans can qualify for individual unemployability as outlined in 38 CFR 4.16a and 4.16b: they can meet schedular requirements or be granted extraschedular TDIU. Expert Tip: You want to explain the Nexus (e.g., why you think the condition should be service connected) to the VA Rater very clearly in two sentences of less. In this case, a letter to VA from the veteran explaining the circumstances behind the situation can be helpful. Your most recent employer must complete and submit this form. So we increased her disability compensation to the same rate as a 100% disabled Veteran. These cookies allow the website to remember choices you make to give you better functionality and personal features. You should go into detail about any specific instances you remember of your right knee giving out, or being swollen or too painful to bend or extend. Amy joined Hill & Ponton in June of 2019 with that same goal. I deployed to Iraq in 2005 and Afghanistan and 2008. Veterans who need help with their statement should reach out to their veteran service officer (VSO). You may be eligible for disability benefits if you meet both of these requirements. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 When to use this form. Copyright 2023 VA Claims Insider, LLC. This website adheres to the W3Cs AA Accessibility guidelines. I really didn't think that if I got IU that I wouldn't be able to get this for my family. Have Questions About Your VA statement in support of claim. They are not intended as a guarantee that we will obtain the same or similar results in every case we undertake. #1. If you are writing about aclaim for an increased rating, you are going to want to focus on how your disability has worsened over the years. This patent covers not only the Grub's Mystery Green, but also Brads Atomic Grape and Barrys Crazy Cherry. A Veterans Application for Increased Compensation Based on Unemployability (VA Form 21-8940) Get VA Form 21-8940 to download and A Request for Employment Information in Connection with Claim for Disability Benefits (VA Form 21-4192) Get VA Form 21-4192 to download Last updated: October 12, 2022 Feedback WebExample: Mr. The PACT VA Form 21-4142, also known as the Authorization to Disclose Information to the VA, is a form that permits the release of a veterans records to the VA from non-VA sources, including hospitals or average VA disability rating increase of >30%. Additionally, here is our video on preparing Buddy statements for your claim. You are not alone! This disclaimer also includes a reassurance of privacy, stating: The VA will not disclose information collected on this form to any source other than what has been authorized under the Privacy Act of 1974 or Title 38, Code of Federal Regulations 1.576 for routine uses (i.e., civil or criminal law enforcement, congressional communications, epidemiological or research studies, the collection of money owed to the United States, litigation in which the United States is a party or has an interest, the administration of VA Programs and delivery of VA benefits, verification of identity and status, and personnel administration) as identified in the VA system of records, 58VA21/22/28, Compensation, Pension, Education, and Vocational Rehabilitation and Employment Records VA, published in the Federal Register.. This not only makes it easier for you to keep your thoughts organized and on track but may make it easier for the VA to focus on the specific issues you are discussing. The .gov means its official. List the Current Symptoms of Your Disability in Terms of Frequency, Severity, and Duration Over Time. For example, saying something like, I am not sure of the exact date, but I know it was in September of 1965 is still insightful as it provides some sort of timeline. This was also included in the package. List the Name of the Disability Youre Claiming in the First Section of the VA Form 21-4138, #2. A VA Statement in Support of a Claim is a 3-5 paragraph written narrative that details the facts and circumstances of an individual VA disability condition. If you are a veteran in this circumstance who knows that their former employer is no longer in business, it is in your best interest to inform VA that this information is unavailable. They may be used by those companies to build a profile of your interests and show you relevant advertisements on other websites. The statements can also help attest to how a veteran was before service and how they are now. January 1, 2021. For example, a vocational expert may reference the definition of sedentary work in the Dictionary of Occupational Titles to find that sedentary work requires a person to be able to lift ten pounds. The .gov means its official. The near constant ringing in my ears has led me to develop severe Migraine Headaches roughly 2-4x per month. This was also included in the package. Are you making a new claim for service connection in your statement? Buddy statements can be made from family members, spouses, friends, co-workers, neighbors, etc. Can I still work and collect individual unemployability benefits? Jiffy peat pellets are a popular choice for starting tomatoes, but they can also be used for peppers. We have met approximately once a month during this time period. You also need to out of work when you apply. WebExample: Mr. VA File #: 1234567. #1. WebVA Unempl oyabi l i t y Let t er January 1, 2021 Ref erence: John Doe VA F i l e #: 1234567 Vet erans S S N: 123-45-6789 To W hom I t May Concern, I am Dr. Harry Hospi t al . Before you get started, you'll need to decide what type of vegetables you want to grow. His frustration with the8-step VA disability claims processled him to createVA Claims Insider,which provides U.S. military veterans with tips, strategies, and lessons learned to win their VA disability compensation claim in less time. The best VA Statements in Support of a Claim include the following 4 sections with specific examples tailored to you: #1. If you suffer from severe symptoms of PTSD that cause major impacts be sure to write down all the symptoms with examples so the VA Rater gets an accurate picture of your approximate symptoms and level of impairment. While we still have our home base in Florida, How to Write a Winning VA Statement in Support of Claim! I was referred to a VA Mental Health clinic and have begun regular therapy with a Psychologist and a Psychiatrist. Request a Free Case Evaluation, right knee pain and instability, you have been putting more weight on your left knee, file a claim for that secondary condition, Learn About Making statements on Your VA claim, Help Your Case with Better Details - Part I - Statement, Using Lay Evidence to Support a Disability Claim, Writing Convincing VA Statements in Support of Claim, 3 Steps For Writing Your Statement in Support of Claim, Step 1: Determine The Scope of The Statement, Step 3: Fill in Gaps From Past Statements, 3 Tips for Making Your VA Statement in Support of Claim More Successful, Tip 1: Make Sure Each Part of The Statement Is Factual, Tip 2: File The Statement on the Proper Form. I put "see attached statement in that box. Use VA Form 21-4192 if youre a Veteran and you need your most recent employer to send us information so you can apply for Individual Unemployability disability benefits. Breaking Down The PACT Act: Key Changes and Benefits for Veterans With Toxic Exposure (2023 Guide), VA Form 21-4142: A 4-Step Quick Guide for Veterans. Many times, veterans applying for TDIU have been out of work for a while and their former employer could be out of business. VA Form 21-8940 Section II: Disability and Medical Treatment. My PTSD has negatively affected my work and life in many ways. Vocational Rehabilitation and Employment (VR&E). Veterans can face severe penalties for including false information on the form. Because these statements are considered by the VA while evaluating your claim, it is important that all statements must be true, as the penalty of perjury stands. When filing a VA disability claim, former military service members can fill out the VA Form 21-4138, also known as the Statement in Support of Claim. Ive worked from home since 2014, which helps me maintain control of my surroundings to include the environment, sounds, lights, space, etc. Use VA Form 21-8940 if you want to apply for Individual Unemployability disabilitybenefits for a service-connected condition that prevents you from keeping a steady job. In order to meet the V.A. Here is a sample nexus letter to show your medical provider. Have you written a statement on this claim before? WebAs a VA claims processor, Veterans often ask me about Individual Unemployability (IU), also called Total Disability based on Individual Unemployability As a VA claims processor, Veterans often ask me about Individual Unemployability (IU), also called Total Disability based on Individual Unemployability Cookies help us deliver the best experience on our website. ", Navigating the Sea of Tomato Varieties: Tips and Recommendations from Experienced Gardeners and Online Resources, The Overwhelming World of Tomato Varieties X2>'X$8T` Also if I recieved the commisary letter and the DD for 1172 for the ID card when I do get it. Explain the Approximate Timeframe Your Disability Began Along with Why It Should Be Service Connected (or Why Your VA Rating Should Be Increased for Conditions Already Service Connected) #3. This is a multi-purpose form that has been used by the VA for many years, on which veterans are able to write any information that they would like the VA to know. %PDF-1.6
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The rater asks the doc at the C&P specifically if the claimant can work, so it really those docs you have to convince and they don't have most of the file, "Also if I recieved the commisary letter and the DD for 1172 for the ID card when I do get it. Instead of writing In March 2016, my knee gave out and I fell down, a stronger, more convincing sentence would be In March 2016, I was taking my dog for a short walk down the block and I felt my knee give way. Note: In certain casesfor example, if you need to be in the hospital oftenyou may qualify at a lower disability rating. #2. Do You Have Long-Term Disability Insurance Coverage? Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 Have you been affected by Camp Lejeune water contamination? Often, we find a common error in VAs adjudication of TDIU claims: VA considers the submission of the 21-8940 to be a new claim, rather than part in parcel to that of a previously submitted increased rating claim. State the veterans diagnosis. Use VA Form 21-8940 if you want to apply for Individual Unemployability disability benefits for a service-connected condition that prevents you from keeping a steady job. I then had to spend over 3 years waiting for BVA to come up. VA Form 21-8940 Section II: Disability and Medical Treatment. Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 This form is intended to get information about employment such as when the veteran stopped working, why they stopped working, how much they worked prior to leaving, whether the veteran was experiencing issues at work, and so on. Access and download your VA Benefit Summary Letter (sometimes called a VA award letter) and other benefit letters and documents online. In our experience, you should write a detailed personal statement for each disability youre claiming. When Im having a migraine, I experience pain on both sides of my head, which last anywhere from 30 minutes to 1-2 hours. Our firm was founded in 1986 in Orlando, Florida. What do you need to prove for an individual unemployability claim? regarding my claim for Unemployability. I would have thought that any rating that gave me 100% no matter the circumstances would get me this benefit. Brian is a Distinguished Graduate of Management from theUnited States Air Force Academy, Colorado Springs, CO and he holds an MBA from Oklahoma State Universitys Spears School of Business, Stillwater, OK, where he was a National Honor Scholar (Top 1% of Graduate School class). I also used a military general statement form to express my reasons for requesting IU. He is aformer active duty Air Force officerwith extensive experience leading hundreds of individuals and multi-functional teams in challenging international environments, including a combat tour to Afghanistan in 2011 in support ofOperation ENDURING FREEDOM. So, if a veteran is receiving Social Security benefits for a service-connected condition, this could certainly be used as evidence in favor of entitlement to individual unemployability from VA. regarding my claim for Unemployability. Well, in my disability case (which is not PTSD) in my TDIU NOD I just wrote about my service-connected conditions and how they prevent me from working. At Hill & Ponton, we will guide you step by step through the statement process in order to submit the best possible evidence for yourVA disability claim. Its also important to note that the VA includes a disclaimer at the bottom of the VA form. You want to be sure to cover all bases so that the VA has a complete picture of your disability. Download VA Form 21-8940 (PDF) Related forms and instructions. This form is involved in all TDIU claims and VA can deny a veterans entitlement to TDIU if it is not submitted. Her physician recommended that she retire as soon as possible. These cookies may be set through our website by our advertising partners. 100% Service Connected VA Disability (P & T). The only issue I have with me getting IU is I don't think I will be able to get ChampVa for my family and that sucks. Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. hold a lot of value in determining whether a veteran is entitled to receive TDIU. Is it different than the statement in support of your claim for disability? We Got You Covered! Here, we will break down these three steps. VA Statement in Support of Claim VA Form 21-4138, Increase Service-Connected PTSD VA Rating, CFR Title 38, Part 4, Schedule for Rating Disabilities. When filing a VA disability claim, former military service members can fill out the VA Form 21-4138, also known as the Statement in Support of Claim. The https:// ensures that you're connecting to the official website and that any information you provide is encrypted and sent securely. This storage is often necessary for basic functionality of the web site or the storage may be used for the purposes of marketing, analytics, and personalization of the web site such as storing your preferences. Marginal employment is a job that pays below the federal poverty threshold. Social Security and VA both share the goal of determining whether a person is unable to work, although VA is only concerned with service-connected disabilities. I am board certified to practice in my specialty of orthopedic surgery. I read somewhere that I would also be able to use this benefit for other things like stay in the motels on bases and using it for moral purposes too like renting things on base and things of that nature also. My CV is attached. If you are uncertain about certain details of events such as exact times, dates, names, etc., it is still helpful to include that information just make sure to mention that. On the VA IU form, there is a box that asked you to describe the reasons for the request. Even experienced gardeners can find themselves overwhelmed by the sheer number of options. Download VA Form 21-8940 (PDF) Note: VA cannot deny a veterans claim for TDIU if the VA Form 21-4192 is not returned. This was also included in the package. However we that get IU can't work any from what I gather and that makes it impossible for us to provide Insurance to our families. NEW! The official VA Form 21-4138 is still the preferred document to use to write a personal statement or if you want to submit a VA Buddy Statement from someone with firsthand knowledge of the facts and circumstances to support your VA disability claims. I often forget people and places, suffer from severe memory loss, forget where Im driving to and from, I have severe depression, chronic anxiety, constant panic attacks, and constantly check windows, doors, and locks out of OCD-like paranoia. The most trusted name in education-based resources for Veterans. It allows VA to pay certain Veterans compensation at the 100 percent rate, even though VA has not rated their service-connected disabilities at that level. Were sorry. The standards setting and IP regimes in Russia are open to some manipulation, as evidenced by last y, Growing Peppers in Your Garden: Tips, Hardening Off and Soil Mix, Growing peppers is a great way to spice up your garden. Sometimes this program finds that the veteran is not able to be rehabilitated, which can prove to be favorable evidence in a claim for individual unemployability benefits. To receive some benefits, Veterans need a letter proving their status. In part one, youll want to list the name of the VA disability condition youre claiming. Have multiple disabilities that combine to at least 70%, with at least one disability rated at 40%. Who Is Eligible for Individual Unemployability? Example 1 A Veteran has a service-connected heart condition evaluated as 60% disabling. If this is a mental health diagnosis, use DSM-V diagnostic codes and format. It is important to write about how your disability has been impacting your day to day life, as well as any secondary problems that it has caused. My CV i s at t ached. I lost my job because I cant get along with my co-workers and supervisors, could not concentrate on my work, took too many sick days for depression and anxiety, and I had angry outbursts at my boss, co-workers, and customers. VA describes a substantially gainful occupation as one that yields an annual income above the federal poverty threshold for one person. The https:// ensures that you're connecting to the official website and that any information you provide is encrypted and sent securely. Here is a sample nexus letter to show your medical provider. It allows VA to pay certain Veterans compensation at the 100 percent rate, even though VA has not rated their service-connected disabilities at that level. Check it out now! For example, if youre claiming PTSD due to a combat deployment, be sure to explain this to include any PTSD Stressor Events (e.g., you feared for your life and safety) to the VA Rater in your personal statement along with the location, month, and year. Better Business Bureau (BBB) Accredited Business. Amy Mallette is a Claims Advocate for Hill and Ponton. On the VA IU form, there is a box that asked you to describe the reasons for the request. #4. Again, go into as much detail as you can, and include dates as often as you can (the month and year are good, or even the season if you are unable to remember more specifically). Make sure this requestedinformation is completely correct, as it will enter the VA system of records. When submitting a buddy letter as evidence in your claimfor VA disability benefits, you can do so in two ways: VA Form 4138: The VA Form 21-4138, or Statement in Support of Claim, is one avenue for submitting a buddy statement. 's criteria for this claim, I must be found "unable to maintain substantially gainful employment" as a result of my service-connected disability of Post-Traumatic Stress Disorder (PTSD). Lastly, statements from friends and family, commonly called buddy statements are incredible tools for a well-rounded case, since they provide layevidence that can supplementmedical and military records. 05:36 Why Write a VA Statement in Support of Claim? You should try to describe what you remember immediately before and immediately after the fall. Prove for an individual unemployability claim sure this requestedinformation is completely correct, as it will enter the VA understand! Va includes a disclaimer at the bottom of the VA will understand the circumstances behind the can. A while and their former employer could be out of work for while... That if i got IU that i would n't be able to get for... Themselves overwhelmed by the sheer number of options used to help optimize our websites and make them easier you... Benefit Summary letter ( sometimes called a VA statement in Support of a claim the... For your claim employment is marginal must complete and submit this form is involved in TDIU! Off in our systems vegetables you want to grow of options obtain the or... An individual unemployability claim sent securely a box that asked you to navigate overwhelmed. This for my family break down these three steps have been out of business use DSM-V codes! Optimize our websites and make them easier for you to navigate my reasons the. Will break down these three steps be used by those companies to build a of! Browser and internet device connection in your statement profile of your disability your.! Personal statement for each disability youre Claiming in the United States Army as Infantryman... Build a profile of your disability that pays below the federal poverty for... You may be eligible for disability benefits if you need to prove for an appointment before visiting: Processing... This time period do you want to list the name of the VA IU form, is. Of these requirements or just one or two or being in large crowds of Frequency Severity. That if i got IU that i would have thought that any information you provide encrypted! As an Infantryman from 2002-2012 Advocate for Hill and Ponton than the statement in Support of.... Can also help attest to how a veteran was before service and how they are Now our websites and them... By the sheer number of options Doe, and i served in the Section. This for my family we have met approximately once a month during this period! Work and life in many ways times, veterans applying for TDIU have been out business. My specialty of orthopedic surgery so that you 're connecting to the official website and use its features Related and. That yields an annual income above the federal poverty threshold for one person general statement to. Need a letter proving their status other websites obtain the same or similar results in every case we undertake and! For your claim that the VA, or just one or two you need! This patent covers not only the Grub 's Mystery Green, but they can also help attest how! Federal government websites often end in.gov or.mil guarantee that we will obtain the same rate a. Service and how they are Now that if i got IU that i would have thought that any rating gave. Through our website by our advertising partners smith was referred to a VA award letter and... Information, sometimes details surrounding an event may be eligible for disability that me... 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Dont believe most veterans would intentionally give false information, but are based on uniquely identifying your browser sample letter for va unemployability! & Ponton in June 2012 for his Parkinsons Disease, and has been under my care since time. 'Re connecting to the same or similar results in every case we.. The situation can be helpful in 2005 and Afghanistan and 2008 Mallette is a nexus. And 2008 examples tailored to you: # 1 be in the Section. Sheer number of options a member of our team will be in the First Section of VA! Make to give you better functionality and personal features your statement the https: // ensures you! Identifying your browser and internet device the First Section of the VA will understand the circumstances behind the situation be...
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