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  • How to get your questions answered...

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    All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

    Tips on posting on the forums.

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.
    2. Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.
    3. Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.

    Leading to:

    Post clear questions and then give background info on them.

    Examples:

    • A. I was previously denied for apnea – Should I refile a claim?
      • was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?
    • B. I may have PTSD- how can I be sure?
      • I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?

    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

    Note:

    Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

    This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.

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  • Popular Contributors

  • Our picks

    • I already get compensation for bladder cancer for Camp Lejeune Water issue, now that it is added to Agent Orange does it mean that the VA should pay me the difference between Camp Lejeune and 1992 when I retired from the Marine Corps or do I have to re-apply for it for Agent Orange, or will the VA look at at current cases already receiving bladder cancer compensation. I’m considered 100% Disabled Permanently 
      • 10 replies
    • 5,10, 20 Rule
      The 5, 10, 20 year rules...



      Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.



      Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.



      Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.



      If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"



      At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.



      NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.



      ------



      Example for 2020 using the same disability rating



      1998 - Initially Service Connected @ 10%



      RESULT: Service Connection Protected in 2008



      RESULT: 10% Protected from reduction in 2018 (20 years)



      2020 - Service Connection Increased @ 30%



      RESULT: 30% is Protected from reduction in 2040 (20 years)
        • Thanks
        • Like
      • 53 replies
    • Post in New BVA Grants
      While the BVA has some discretion here, often they "chop up claims".  For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.  

      I hate that its that way.  The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel.  
    • Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!

      My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.

      Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!
        • Like
      • 13 replies
    • I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even  reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and  nothing about stressor,
  1. General VA Disability Compensation Benefits Claims Forums

    VA Disability Compensation benefits discussions. Post veterans compensation claims questions or answer for others. Read and research other veterans compensation claims experiences.

    Tip:

    • Start a new topic with your question.
    • Do not post your question in someone else's post. We don't want your question to get lost.

    Subforums:

    Denial Letters

    • 34 posts

    Only scan and place your denial letters in this forum. Ask your questions in VA Claims Research if it doesn't pertain to the denial letter. 

     

    Please redact your personal identification information. Name, phone number, SSN etc.

     

    Appealing your Veterans Compensation Disability Claims decision usually starts with the Notice of Disagreement (NOD)

    Compensation and Pension Exams -

    Please only posts questions regarding Compensation and Pension Exams

    Post your successes and read others, VA success, Social Security success, leaving the house whatever it might be.

    This forum is dedicated to Carla Croft "CarlieCash" a dedicated member, moderator and admin from 2005 - 2015. She gave tirelessly to veterans here and all over the internet. Nothing she loved more than a successful adjudication. She remains in our hearts always.

    Please post your E-Benefits questions in this forum.

    Once you know you are eligible for Veterans Disability Compensation, the question then becomes are you entitled to it by law. This is where to post those questions. it's OK, if you are feeling confused this is not at all unusual it can be a very confusing system. If you were injured in service and have a question about whether you are entitled to file a claim, post it here.

    Law 38C.F.R.3.4 (a) Disability compensation. (1) Basic entitlement for a veteran exists if the veteran is disabled as the result of a personal injury or
    disease (including aggravation of a condition existing prior to service)
    while in active service if the injury or the disease was incurred or
    aggravated in line of duty.

    Questions concerning eligibility for veterans compensation benefits. Eligibility - Veterans Disability Compensation,

    Looking for folks who are the same medication as you and what they think of it. Exercise, diet ideas. Remember we are not giving professional advice, and you should consult your doctor regarding any and all health issues you may be concerned with.

    A good site for these claims is http://www.vetwow.com

    This is a very sensitive issue, triggers abound so be careful. Remember whenever you post something on the internet it is there for everyone to see forever. So be cautious with what you share however if you have a claims question we want to help.

    SSDI many of our veterans have gone through the SSDI process as well as the VA Claims process, We are no experts in SSDI however perhaps we can offer some assistance.

    Veterans Affairs Federal Register Announcements. The Federal Register is where they propose changes, announce meetings and ask for public comment.

    CHAMPVA

    • 344 posts

    The Civilian Health and Medical Program of the Department of Veterans Affairs (CHAMPVA) is a comprehensive health care program in which the VA shares the cost of covered health care services and supplies with eligible beneficiaries.

    Welcome Home Brothers and Sisters - This forum is for our returning troops from Iraq and Afghanistan.

    We will guide you as to which forums your questions will get the most eyes on it.

    We want to provide help and guidance for you, if there is something you think would be beneficial for you let us know.

    Eligibility requirements for the Veteran

    All of these must be true for the Veteran you’re caring for.

    The Veteran must have a VA disability rating (individual or combined) of 70% or higher. The Veteran’s service-connected disabilities must have been caused or made worse by their active-duty service during one of these periods of time:

    • On or after September 11, 2001, or
    • On or before May 7, 1975

    And the Veteran must:

    • Have been discharged from the U.S. military or have a date of medical discharge, and
    • Need at least 6 months of continuous, in-person personal care services

    Who is eligible?

    Veterans eligible for this program must:

    • have sustained or aggravated a serious injury — including traumatic brain injury, psychological trauma or other mental disorder — in the line of duty, on or after September 11, 2001; and
    • be in need of personal care services to perform one or more activities of daily living and/or need supervision or protection based on symptoms or residuals of neurological impairment or injury.

    Post your links and information about state and federal benefits available to disabled veterans.

    To assist the veteran by providing assistance in navigating through the Veterans Affairs Medical centers.

    VA Training & Fast letters, Directives, Regulations, Other Guidance Documents

  2. Specialized Claims

    Veterans with amyotrophic lateral sclerosis (ALS) may receive badly-needed support for themselves and their families after the Department of Veterans Affairs (VA) announced today that ALS will become a presumptively compensable illness for all veterans with 90 days or more of continuously active service in the military.

    Operation Tomodachi, Tomodachi Sakusen?, lit. "Operation Friend(s)") was a United States Armed Forces assistance operation to support Japan in disaster relief following the 2011 Tōhoku earthquake and tsunami. The operation took place from 12 March to 4 May 2011; involved 24,000 U.S. servicemembers, 189 aircraft, and 24 naval ships; and cost $90 million.[1]

    Claims under 38 U.S.C. § 1151

    Benefits for additional disability or death caused by VA medical care is government by 38 U.S.C. § 1151. Claims under § 1151 are a different species than service-connected disability claims, but they are compensated in a similar manner as service-connected disability claims. To prove a § 1151 claim, a claimant must show that the veteran’s death or his additional disability was caused by negligent VA medical care or by some unforeseeable complication of the VA medical care.

  3. Extras

    An Act
    To amend title 38, United States Code, to repeal certain limitations on attorney representation of claimants for benefits under laws administered by the Secretary of Veterans Affairs, to expand eligibility for the Survivors' and Dependents' Educational Assistance Program, to otherwise improve veterans' benefits, memorial affairs, and health-care programs, to enhance information security programs of the Department of Veterans Affairs, and for other purposes.

    Due to the unprecedented pandemic I have set up a forum for discussions and news concerning. Keep each other updated, touch base and stay supportive.

    2019-coronavirus.png.jpeg

    Subforums:

    VA Scandals

    • 2.1k posts

    Shreddergate and other scandals

    On the 13th of October, 2008, VA Watchdog dot Org broke the story about documents found in shredder bins at the VA's Detroit Regional Office.

    A number of those documents were critical to veterans' disability claims.

    As the story unfolded, VA finally began to release information on the incident and we learned that more than one Regional Office was involved in this shredder scandal.

    The VA's Office of Inspector General (VAOIG) is investigating.

    VA has instituted new guidelines regarding handling of documents.

    if you know of a store or other that gives a discount to veterans, post it here. Share the Wealth :)

    Title 38 Pensions, Bonuses, and Veterans' Relief also called 38 CFR. CFR stands for Code of Federal Regulations.

    Everything Veterans Affairs does with your service connected disability compensation claim, is goverened by law. You may want to bookmark this page as a reference as you proceed with your claim.

    It can be a bit daunting. Just remember the U.S.C. is the law, the C.F.R. is how they interpret the law and last but certainly not least is the V.A. adjudication manuals that is how they apply the law. The section of the law that covers the veterans benefits is Title 38 in the U.S.C. in the C.F.R. is usually written 38 C.F.R. or something similar.

    27,655 visits to this link

    38CFR3 is the part of the Code of Federal Regulations Title 38 that deals with the adjudication of a veterans compensation claim.

    28,413 visits to this link

    This part of Title 38 of the Code of Federal Regulations list specific disabilities and what symptoms or effects equate to what percentage of disability is to be assigned.

    45,034 visits to this link

    Still on Active Duty? Try this forum MEB/PEB This link will take you to another forum not affiliated in way with HadIt.com. It is set up for MEB/PEB questions. Please do come back here for your VA Claims Questions

    33,140 visits to this link

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