VA Disability Claims Articles and VA News
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Last reply by Tbird, -
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Let’s jump right into the answer. Many Veterans perceive the 100% rating as the end of the line. The sign of victory over the Hamster Wheel. But….….is it REALLY over when you get to 100%? Well, the hard part sure is over….but I think that there are several reasons to keep on fighting – even after you reach the 100%. Let me tell you about 6 of those reasons…[Reprinted here with permission from Veterans Law Blog ] Scenario #1: 100% TDIU May Not be Permanent There are several paths to a 100% rating in VA Compensation – one of the most common is the TDIU 100%. TDIU – also known as “Total Disability Individual Unemployability” – is a 100% rating awarded…
Last reply by MikeR, -
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When a Veteran starts considering whether or not to file a Veterans Affairs 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 when it comes to filing Veterans Affairs Disability Claims. [Reprinted here with permission from Veterans Law Blog] 1. What benefits do you get from a VA Disability claim? There are several major categories of VA benefits you can get when you file a VA Disability claim. One category is what is called the “Non-Service Connected Pension” which is available to extremely low-income veterans with disabilities. Another categor…
Last reply by Tbird, -
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VA disability compensation rates listed below are for calculating your retroactive pay once you win your claim. For example, if you were awarded 50% from 1997 to present you will be paid at the 50% rate for the corresponding years.VA Disability Compensation – The VA disability compensation benefit evaluates disability resulting from all types of diseases and injuries encountered as a result of military service. The degrees of disability that are determined by VA represent, as far as can practicably be determined, the average loss in wages resulting from such diseases and injuries and their complications in civil occupations. Generally, the degrees of disability specified …
Last reply by pacmanx1, -
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Disability payment benefits for a particular month are paid the first business day of the following month. When the first business day of the month falls on a non-business day or a holiday, VA benefits will be paid on the last business day of the month. Month Payment Date Day of Week January Jan. 31 Friday February Feb. 28 Friday March Apr. 1 Wednesday April May 1 Friday May June 1 Monday June July 1 Wednesday July …
Last reply by Tbird, -
I encouraged you to keep the exam in perspective. What is that Perspective? Honestly, it comes down to recognizing that the purpose of the C&P Exam is NOT to convince the doctor that your injury is service connected, but to let him or her conduct their exam and draw their conclusion. In the end, your current disability either is or is not related to military service. Regardless what the doctor says, what the VA Rater says, the limitations or symptoms either are, or are not, related to your time in service. Author Chris Attig VeteransLawBlog.org A doctor’s opinion can’t change what is or is not. It’s just another piece in the puzzle of proof. And the C&P Exa…
Last reply by Tbird, -
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Some Veterans like to work just for the sake of having something to do. Other Veterans like to work for non-profits or other organizations that provide a public service …. after all, Veterans as a community are more heavily oriented to public service than many other groups of people. Yet other Veterans still like to keep doing the job that they did, as they find that the income from even a 100% VA disability rating is not enough to cover all their expense. Whether the family’s bills, funding college educations for kids and grand-kids, medical bills for spouses and children, or paying off the mountains of debt that have likely built up in the 5-10 years you ha…
Last reply by Tbird, -
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VA Claims Folders, the infamous C-File We can not stress enough how important it is to: View your VA Claims Folder at the Veterans Affairs regional office (find your Regional VA Office here) Call the VA at 1-800-827-1000 and request an appointment to view your C-File (VA Claims Folder). Ensure that all the records in your VA Claims Folder or C-File are yours. Check that everything you have sent to the VA is included in your VA Claims Folder. After viewing your VA claims folder (c-file) and correcting any mistakes you may find, you should request a hard copy of your C-File. If you’re having a difficult time obtaining your VA Claims Folder from your Re…
Last reply by Tbird, -
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Documenting your claim, below is my system for going through service medical records. First thing I do after receiving a service medical record is number each page when I get to the end I go back and add 1 of 100 and so on. Second I then make a copy of my service medical records on a different color paper, yellow or buff something easy to read, but it will distinguish it from the original. I then put my original away and work off the copy. Now if you know the specific date it’s fairly easy to find. If on the other hand you don’t know specifically or you had symptoms leading up to it. Well this may take some detective work and so Watson the game is…
Last reply by Tbird, -
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The following is written from a VA Compensation and Pension Examiners perspective relating to psychiatric exams. It is a good guideline for all exams but I only did psych exams. I’ve been examined by the VA for multiple problems and this is my format when I go to be examined. A little common sense and clarity of thinking will go a long ways towards getting you what you are entitled. Written by: Steve A. Neff MSW This person is going to judge you. It’s his/her job and that is why you are there. To be adjudicated fairly. How would you like to be remembered? A skuzzy stereotypical veteran? Or a troubled one who is doing the best he/she can? Do not t…
Last reply by Tbird, -
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Check your state benefits here Dental treatment for 100% disabled veteran benefits. Educational Assistance for Dependents: (under chapter 35) Must be rated a 100% disabled veteran by the VA. Civilian health and medical program for dependents/survivors (CHAMPVA). Must be rated a 100% disabled veteran by the VA. Specially Adapted Homes Veterans Mortgage Life Insurance: Decreasing term mortgage insurance up to $90,000 for veterans who have received a Specially Adaptive Housing grant and have an existing mortgage. Waiver of cost of Service Disabled life Insurance: and additional $20,000 of life insurance at cost to veteran. Veteran must …
Last reply by Tbird, -
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Alabama A disabled veteran in Alabama may receive a full property tax exemption on his/her primary residence if the veteran is 100 percent disabled as a result of service and has a net annual income of $12,000 or less. AlaskaA disabled veteran in Alaska may receive a property tax exemption of up to the first $150,000 of the assessed value of his/her primary residence if the veteran is 50 percent or more disabled as a result of service. ArizonaA disabled veteran in Arizona may receive a property tax exemption of $3,000 on his/her primary residence if the total assessed value does not exceed $10,000. ArkansasA disabled veteran in Arkansas may receive a full p…
Last reply by Tbird, -
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Mere speculation in your VA C and P exam M21-1, Part III, Subpart iv, Chapter 3, Section D – Examination Reports III.iv.3.D.2.r. Examiner Statements that an Opinion Would be Speculative Pay careful attention to any conclusion by the examiner that an opinion could not be provided without resorting to mere speculation (or any similar language to that effect). VA may only accept a medical examiner’s … Continue reading
Last reply by Tbird, -
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Request Military Service Records Filed Under: None, VA and Veteran News Articles, VA Claims Articles Tagged With: DD 214, Medals, Military Records Request Personnel and/or Medical Records Online More ways to get service records Learn about military service records (e.g. DD Form 214) Recently separated veteran? Request DD 214/Separation Document Online What’s available online? Locate older (pre-WW I) military service records Using military records for genealogical research Other military and veterans records Replace Lost Medals and Awards Learn how to replace lost or damaged medals and awards. …
Last reply by Tbird, -
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Trouble Remembering? This helped me. I have memory problems and as some of you may know I highly recommend Evernote and have for years. Though I've found that writing helps me remember more. I ran across Tom's videos on youtube, I'm a bit geeky and I also use an IPad so if you take notes on your IPad or you are thinking of going paperless check it out. I'm really happy with it, I use it with a program called Noteshelf 2. Click here to purchase your digital journal. HadIt.com receives a commission on each purchase.
Last reply by Tbird,
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Most Common VA Disabilities Claimed for Compensation:
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Defense Bill Passage and Bladder Cancer
rebabevets posted a question in VA Disability Compensation Benefits Claims Research Forum,
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-
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5,10, 20 Rule
Ddsr posted a question in VA Disability Compensation Benefits Claims Research Forum,
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.
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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)-
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Post in New BVA Grants
broncovet posted an answer to a question,
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.
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Finally Won...NOW WHAT?
Ztmiller8 posted a question in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC,
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!-
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Post in Higher level review
Joey Ross posted an answer to a question,
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,
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Most Common VA Disabilities Claimed for Compensation:
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