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    • 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
      • 4 replies
    • Wonderful news way to hang in. I hope this gives you some well deserved peace. 
    • If HadIt.com has helped you or you believe in it’s mission then please donate even $1 helps. I hope HadIt.com has provided $1’s worth of help to you. Imagine waking up and there is no HadIt.com it could happen and that is why I’m asking for your help now.



       



      Our traffic is going up and so are our expenses, however revenues have gone down and so I am reaching out to you to see if you can help me keep Hadit.com up and running.
      • 4 replies
    • https://community.hadit.com/searching-for-va-claims-information-on-hadit.com/

       

      Your question has probably been asked before so the fastest way to find the information you need is to search for it.
      • 3 replies
    • How to get your questions answered...


      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.

      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’.


      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.


      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?


      I 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.
      • 2 replies
  1. Coronavirus - COVID-19

    1. Coronavirus - Covid-19

      2019-coronavirus.png.jpegDue to the unprecedented pandemic I have set up a forum for discussions and news concerning. Keep each other updated, touch base and stay supportive. Latest From the CDC

      136
      posts
  2. General VA Disability Compensation Benefits Claims Forums

    1. VA Disability Compensation Benefits Claims Research Forum

      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.
      204,941
      posts
    2. 688
      posts
    3. 398
      posts
    4. Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC

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

      26,215
      posts
    5. Veterans Compensation & Pension Exams

      Compensation and Pension Exams -

      Please only posts questions regarding Compensation and Pension Exams

      20,595
      posts
    6. E-Benefits Questions

      Please post your E-Benefits questions in this forum.

      8,970
      posts
    7. 17,647
      posts
    8. Entitlement - Veterans Compensation Benefits Claims

      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.

      9,512
      posts
    9. Eligibility - Veterans Compensation Benefit Claims

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

      7,483
      posts
    10. CHAMPVA

      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.

      305
      posts
    11. 10,292
      posts
    12. 7,027
      posts
    13. Success Stories

      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.

      27,153
      posts
    14. OEF/OIF Veterans

      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.

      1,157
      posts
    15. VA Caregiver Benefits for Post 9/11 Veterans

      The Program of Comprehensive Assistance for Family Caregivers offers enhanced support for Caregivers of eligible Veterans seriously injured in the line of duty on or after September 11, 2001. Enhanced services for eligible participants may include a financial stipend, access to health care insurance, mental health services and counseling, caregiver training, and respite care. 

      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.
      102
      posts
    16. 4,064
      posts
    17. 2,547
      posts
    18. Veterans Benefits State & Federal

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

      1,699
      posts
    19. VA Medical Centers Navigating through it

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

      2,088
      posts
    20. Medication – Prescription Drugs-Health Issues

      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.

      8,522
      posts
    21. VA Training & Fast letters, Directives, Regulations, Other Guidance Documents

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

      292
      posts
    22. MEB/PEB Physical OR Medical Evaluation Forum   (12,432 visits to this link)

    23. 270
      posts
    24. 83
      posts
    25. 40
      posts
  3. Specialized Claims

    1. 2,125
      posts
    2. 1
      post
    3. 1,763
      posts
    4. 6,100
      posts
    5. ALS - Amyotrophic Lateral Sclerosis

      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.

      181
      posts
    6. MST - Military Sexual Trauma

      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.

      1,829
      posts
    7. Radiation Exposure from Operation Tomodachi (Japan Earthquake Fukushima Nuclear Assistant)

      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]

      17
      posts
    8. 251
      posts
    9. 1,933
      posts
    10. 515
      posts
    11. DIC

      2,196
      posts
    12. 1,094
      posts
    13. 1151 Claims

      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.

      365
      posts
  4. Veterans Helping Veterans Podcast

    1. Veterans Helping Veterans VA Claims Podcast

      Veterans Helping Veterans Podcast: Shows deal with a wide range of Veterans Affairs Claims and Benefits.

      Listen here live and archived show: http://www.blogtalkradio.com/haditcom

      1,861
      posts
  5. Welcome Aboard

    1. 87
      posts
    2. Introduce Yourself

      Let us know a bit about yourself, if you'd like.

      9,117
      posts
    3. Test Posting Messages Here

      Try out post and various features here.

      2,321
      posts
    4. Roll Call

      Roll Call Please Check in 1st of the month.
      Tell us how you are doing.
      DO NOT post claims questions here, please post in Veterans Affiars Claims Research

      4,773
      posts
    5. Technical Support For Forum

      This forum has been set up for you to post your technical questions on how to work with the forum and or blog. DO NOT POST CLAIMS QUESTIONS HERE...thank you

      519
      posts
  6. Extras

    1. Hiring an Attorney Discussions on S. 3421

      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.

      981
      posts
    2. Social Security Disability Questions

      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.

      6,876
      posts
    3. VA Scandals

      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.

      2,131
      posts
    4. Discounts for Veterans

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

      531
      posts
    5. Title 38 / 38 CFR   (25,813 visits to this link)

      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.

    6. 38 CFR 3 Adjudication   (26,526 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.

    7. 38 CFR 4 Schedule for Rating Disabilities   (43,117 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.

    8. Federal Register Announcements

      Read Only Forum

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

      76
      posts
    9. Active Duty MEB/PEB Physical OR Medical Evaluation Forum   (31,102 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

  7. Club Forums

    1. 35
      posts
    2. 5
      posts
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