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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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  • Posts

    • It might be way down the thread. https://community.hadit.com/topic/78864-cue-and-bva-2020/  
    • This is what HRL is supposed to do, since the AMA changed M21-1MR. I do not know when you will get the C & P exam or what to expect but obviously, they made 3 legal errors, anyone of which could have been detriment to your claim. I feel pretty good to know that my suggestion to former Secretary Shulkin caused this change to the way our claims are handled. There are other vets here who's HRL caught CUEs prior to the decision being sent out. And others who succeeded in filing CUE as soon as they received an erroneous decision. The fact is, and I made this point to Shulkin, that VAROs make MANY errors, detriment to the claimant, who might never even know a CUE occurred, for years down the road...or maybe never. The BVA will remand a claim that holds a detriment legal error, but who wants to wait years for the BVA to do that when we can call CUE on the VA ourselves, and better yet HRL are trained to seek CUE before the claimant even gets an erroneous decision. It will add more time to the final decision, but that might mean months, and not YEARS. I saw here recently that an HRL caught a Duty to Assist violation- we cannot file CUE on a Duty to assist violation but that type of legal error will cause a CUE to occur in the decision. I had a legal error in a VCAA notice years ago.It was the only claim I had at the BVA. My incompetent Vet reps and even their director fought against my requet to send me a proper VCAA letter. I raised hell and they are all gone. The BVA considered the obvious illegal VCAA letter but consider that point, on appeal, wwas moot as they awarded the claim anyhow. Since then I have had a 5103 waiver violation. And other CUEs pending. I am fighting the 5103 waiver aggressively, and recommended here to do what I did on the 5103 response, I listed and enclosed again, all of the evidence they ignored in their decision n the 5103 form.What gets me is I had 4 phone calls from my RO around this time- two from the director trying to get me to accept a ridiculous statement she made,with absolutely no legal support for her statements.And two calls from some VSO she told to call me, and I asked him what evidence they had with my 5103 form. He described what they had , and then ,it mysteriously disappeared from their next decision, because that evidence proved the Director did not have a clue on Basic VA 101. We have lots of CUE info here.And many here who have successful CUEs.I will find the M21-1 excerpt and post it for you.                    
    • What are the 3 errors?  This would give us a better idea of what they are looking for and what they will ask.  Overall be truthful!  Be ready to answer those questions as they want to be able to link what they can.  also is this for different issues?  The VA will only give one rating for it.
    • Just go to the C and P exam, on time, tell the truth and wait for the envelope. Tell the examiner how you feel on your worst day.   If you can, get a copy of the c and p exam and see if its favorable.  
    • Phased Reopening of National Personnel Records Center (NPRC) in St. Louis Due to the COVID-19 pandemic, the NPRC was closed from March 23 through June 23, 2020.  While it was closed, a limited number of essential staff continued to report on-site each day to service urgent requests, such as those involving homeless veterans in need of shelter, medical emergencies, and funerals for deceased veterans.   On June 24th, the NPRC entered into Phase One of a gradual reopening.  To ensure the safety of its workforce, social distancing measures have been instituted which limit its operating capacity to only ten percent of its normal staffing level.  Despite the low staffing levels, its operations have been disrupted on multiple occasions due to exposures of staff.  As the pandemic continues to spread in the local community, additional disruptions are expected. In Phase One, the NPRC is continuing to service the emergency requests described above, and will soon expand its service to include time-sensitive requests from veterans for records needed to secure VA home loan guarantees and employment opportunities.  The NPRC  will also resume servicing routine requests from the Department of Veterans Affairs (VA) for the temporary loan of original records needed by the VA to adjudicate veterans’ benefit claims.  These expanded services are planned to begin on August 3, 2020. https://www.archives.gov/veterans/military-service-records-0  
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    • This is the latest Compensation & Pension (C&P) Clinicians Guide dated 20180719. The only other one I've seen is dated 2002, including the one on this website and the VA website. I got this from my claims agent, who got it from the VA.

      VA Compensation & Pension (C&P) Clinicians Guide 2 Final Corrected 20180719.pdf
        • Thanks
        • Like
      • 5 replies
    • I don’t say thank you enough to all of you...
      You, yes you, are the reason HadIt.com has remained a resource-rich resource. Thousands come each month to read, ask questions, or to feel a sense of community.

      Last month June 2020, we over 50k visitors they viewed over 160k pages. Veterans and their advocates, spouses, children, and friends of veterans come looking for answers. Because we have posts dating back 15 years and articles on the home page, they usually can find an answer or at least get pointed in the right direction.

      You all made that possible. Thank you.
        • Like
      • 3 replies
    • Help HadIt.com stay online buy a subscription
      If you can afford it and want to help hadit.com consider buying a subscription this gives you as free viewing of the site and allows me to budget in subscription payments.
       

      You can try it for 1 month for $5 or get a monthly subscription or a yearly subscription.

      Subscribe here https://community.hadit.com/subscriptions/
      • 1 reply
    • VA has a special where we can ask questions TODAY, at 3:00 to "people that matter?"  Someone should ask why we can not ask them questions EVERY day, why today only? (This is a big problem with VA..the 800 number often does not give specific answers).  We should have people in VA who "solve Vets problems" like Allison Hickey did a few years ago. 
        • Like
      • 8 replies
    • 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
      • 9 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.
      205,200
      posts
    2. 721
      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)

      26,314
      posts
    5. Veterans Compensation & Pension Exams

      Compensation and Pension Exams -

      Please only posts questions regarding Compensation and Pension Exams

      20,680
      posts
    6. E-Benefits Questions

      Please post your E-Benefits questions in this forum.

      8,979
      posts
    7. 17,686
      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.

      9,514
      posts
    9. Eligibility - Veterans Compensation Benefit Claims

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

      7,511
      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.

      313
      posts
    11. 10,305
      posts
    12. 7,067
      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.

      27,160
      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.
      104
      posts
    16. 4,074
      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.

      2,101
      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.

      8,542
      posts
    21. VA Training & Fast letters, Directives, Regulations, Other Guidance Documents

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

      292
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    22. MEB/PEB Physical OR Medical Evaluation Forum   (12,457 visits to this link)

    23. 270
      posts
    24. 83
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  3. Specialized Claims

    1. 2,125
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    2. 1
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    3. 1,763
      posts
    4. 6,105
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    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.

      205
      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. 1,954
      posts
    10. 515
      posts
    11. DIC

      2,202
      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

      4,777
      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.

      6,899
      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.

      2,135
      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   (25,821 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   (26,539 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   (43,128 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.

      294
      posts
    9. Active Duty MEB/PEB Physical OR Medical Evaluation Forum   (31,122 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
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