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.
Explore Questions
There are no popular questions to show right now
-
0 votes0 answers
-
0 votes0 answers
-
0 votes0 answers
-
0 votes0 answers
-
0 votes0 answers
1,290 questions in this forum
-
Establishing Service Connection For Veterans Affairs Disability Compensation
Establishing Service Connection for Veterans Affairs Disability Compensation: There are two types of service-connection Direct and Presumptive There are three requirements to establish Direct service-connection for residuals of injuries and diseases; In-service documentation of an injury or disease. A current condition with a medical diagnosis. "Before November 2000, when the VCAA was enacted, veterans had to obtain a medical diagnosis of a current disability on their own. The VA was not generally obligated to help them in obtaining this medical evidence. Some veterans, who could not afford a private doctor, were placed in a no win situation…
0 votes1 answer -
-
Camp Lejeune
What benefits are available for a widower of a Camp Lejeune Marine. a. Health Care? b. Compensation? What form do you file these claims on? All help is appreciated.
0 votes11 answers -
Not at least as likely as not vs. Less likely than not
Hi Everyone I had a C&P back in Dec for my migraine condition and I was denied and the examiner said the condition was less likely than not related to my car accident. So I filed a HLR and the VA gave me another C&P and I just looked in my blue button records and the C&P examiner this time said that my condition was not at least as likely as not related to my car accident. Can someone explain the difference to me because they sound like they are saying the same thing and thanks in advance.
0 votes4 answers -
Granted increase rating from 10%... Remanded increase rating, TDIU and 100% rating, P&T
After almost 6 years, all I get a rating increase. Thanks for all the input on my prior thoughts. WTF I'm not able to work, only rely on my SSD and 10% rate. Poverty level. What chances of a 50% increase at minimum?
0 votes1 answer -
Helpless Child VA Benefit and SSI Disability
I am 100% P&T and I applied for and was granted Helpless Child for my stepson before his 18th birthday with little or no problems from the VA. He is now over 18 and eligible for Social Security benefits, but we are having issues with the SSA and the VA. Social Security is docking my son's SSI payments and counting the helpless child payment as income for him because I am getting the helpless child payment on my VA disability. After lots of calls and back and forth, we have finally got SSA to say that we need a letter from the VA showing the break out of the payments and that the payments from the VA is only for me. However, when I looked on EBenefits I could not find…
0 votes13 answers -
Smc and tbi question
Hi I am a army vet that was recently awarded 100% for paranoid scitzophrenia with traumatic brain injury ....as a single rating anyone ever herd of this ...it says on the award letter that symptoms overlap they can’t differentiate the two ...I don’t know if I should be happy or pissed any thoughts
0 votes9 answers -
Va call center tip
Hey everyone, I called the VA earlier today to sort out a question. I got ahold of probably the most helpful VA employee ever. He gave me a solid tip for when you need more information about your status than their usual scripted answers. If after their scripted status answer they don't provide any extra useful information, ask them to check the program "Case Flow". According to the rep this is where all the detailed status and notes are kept. He also said if you ask them to look, they are supposed to, including what is written in the notes. This is how I have found out exactly what people have been up to in my appeal. Hope this helps, just having a real idea wha…
0 votes7 answers -
Benefits for a 10 year old
I spoke with a mother whose son was adopted by his great grandfather at 90 years old. The great grandfather lived until 99 years old and became deceased in 2014. The mother filed paperwork for custody because the adoption process removed biological mother and father from the original birth certificate. The current birth certificate only list great grandfather as the adoptive father. In addition, to the child receiving SS benefits from great grandfathers work history, she also indicated he was a veteran at 100% disability rating upon death. I didn't ask but he sounded like a WWII veteran. In lieu of veteran being deceased in 2014, does the 10 …
0 votes4 answers -
Anxiety - am I doing this right?
Brand new here. I'm posting because I'm so confused and unsure if I'm doing the right stuff, or if I should be doing it at all. I'm hoping to find answers on how to file a claim for GAD/Major depression. Here's my story. 1996-2000 high school captain of soccer and baseball teams. Captain of Snare Drum line in marching band. 2000 - enlist in USMC, squad leader in boot camp, meritoriously promoted to PFC at graduation. 2001 - Class leader in A school 2002 - PCS to Japan (Iwakuni) volunteer for secondary school, awarded Microminiature soldering credentials. Perform extra duties and awarded Meritorious Mast for going above and beyond. Compete in …
0 votes24 answers -
Received P&T Unemployability. Should I appeal 70% Rating?
Hi, Last week, I was awarded P&T TDIU for a claim that was previously awarded 70% mental health disability rating. Should I now appeal the 70% mental health rating? The word "total" is difference between a 70% and 100% mental health rating, as I read the information. Is P&T unemployable possibly considered as a 100% disability rating? Thanks
0 votes6 answers -
VA % and Army Reserve LHI Connection?
Sorry if this is in the wrong location - wasn't sure where to post. I have a very high disability rating from the VA and am also currently in the Army Reserve. I am due for my PHA and have to fill out a long medical question'd questionnaire by LHI, basically asking has ANYTHING medically bothered you in the past 12 months? How much of this does the VA have access to? Should I just click 'No' for everything so they don't question me being in the Army Reserves or kick me out? At the same time I don't want to answer 'No' for everything and then the VA sees it and thinks 'OH, okay he doesn't have any symptoms now according to this LHI questi…
0 votes6 answers -
New BVA Grants
The Board just granted left and right sinus tarsi syndrome, osteoarthritis of ankles, and bilateral pes planus. What are the sinus tarsi syndrome rating percentages? Waiting on the decision letter.
0 votes14 answers -
Help for fellow veteran
Help! Veteran friend is Desert Storm vet, diagnosed with PTSD. The bad..... He has a general discharge under less than honorable conditions. He went AWOL for a short period of time after Desert Storm when his dad was diagnosed with cancer. The problem is that he was authorized to receive mental and physical care at local VA and has been going for the past 15 YEARS! ..with no problems. I encouraged him to to file a change bin Character of Service with the VA and DOD bc of war related PTSD. He has not filed, yet.......but started gathering evidence for this claim. Today, he gets told by local VA, the very one he has been going to 15+ years now, that he can no longer…
0 votes6 answers -
Static disabilities
I just reviews my disability ratings in my C-file. Everything is rated as “static”. I also have a pending appeal that could push me to 100%. If the items on appeal are also rated as static, would this translate to getting 100% p&t?
0 votes22 answers -
Chapter 35 for Spouse. How does that affect my disability payment?
Two of my kids are already using Chapter 35 for college, so I know that I lost the extra disability compensation for the kids out of my disability payments. My question is if my wife uses the Chapter 35 for college, does that mean my disability payment will decrease as well? If so, how much?
0 votes1 answer
-
Popular Contributors
-
Advertisemnt
-
Most Common VA Disabilities Claimed for Compensation:
-
Our picks
-
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- 17 replies
-
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.
------
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)-
- 54 replies
Picked By
Tbird, -
-
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.
-
-
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!- 18 replies
Picked By
Seekz, -
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,
Picked By
Joey Ross, -
-
-
Member Statistics
23,117
Total Members3,604
Most Online
-
Popular Contributors
-
Ads
-
Latest News
Announcements
-
-
Ad
-
Donation Box
Please donate to support the community.
We appreciate all donations! -
What is HadIt.com Veteran to Veteran ?
The how and why for in the VA process for filing a claim for service connected disability compensation. We combine the Knowledge, Skills, and abilities of Veterans to provide other Veterans the information and support they need dealing with the Veterans Affairs system.
What can I do here ?
Utilize our site and forum to research Veterans Affairs Disability Claims procedures benefits. Search for topics of interest. Join our active discussion forum and post questions to other veterans. All VA Claims questions should be posted on our forums. Register for a free account.
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.
-
Advertisemnt
-
Most Common VA Disabilities Claimed for Compensation:
-
Advertisemnt
