-
Fund HadIt.com Veteran to Veteran LLC
HadIt.com Veteran to Veteran Fundraiser
Revenues are down, costs are up and I need your help.
Financial gifts are always appreciated but never required. If HadIt.com has helped you and you can give back a little it is appreciated Give here https://community.hadit.com/donate/make-donation/
Give a financial gift to help with the upkeep of HadIt.com. HadIt.com is NOT a non profit. Gifts are not tax deductible, they are just gifts.
-
Become a Patron of HadIt.com. If you appreciate what we are doing and can afford a monthly commitment, this is a great way to support us
-
Ads
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
1,281 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 -
-
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 -
VA Retroactive pay
Hello, I have a claim that was closed last week and i got back pay before i actually recieve my rating but then my rating got updated and it matched the back pay. My issue that i have now is that my claim was closed and i have back pay pending again but this time is seems that that pending back pay and the pay i have already recieved is more than what my closed rating is. So will my closed claim update to a higher rating or is it possible that the va had messed up and is giving me to much?
0 votes6 answers -
Tremor presumtive
I have had hand tremors for a few years now (i don't remember exactly when they started). I was recently told by a doctor to see a neurologist, which I did last month. I was told that she believes they are physiologic tremor. With no known history tremors in my family and no abnormalities in my blood work, I am curious if this is a condition that I could apply for as presumptive to service in the gulf war? I did 3 deployments to Iraq (2005,2006, 2007), I am also already presumptively service for IBS from gulf war service. Has anyone had experience with this?
0 votes3 answers -
Backdated LOD's
Hello all, I injured my back on 2018. The doctor who examined me did a quick "movement" check or a similar exam that the VA does for limitation of motion. I was in pain the whole time and he prescribed me muscle relaxers and sent me out the door. I asked for an X - ray and MRI and I was denied. This injury due to negligence or anything like that. I was performing a assisted lift with a buddy and he dropped his side of the weight we were carrying (several hundred pounds) I had an informal LOD investigation and received a LOD for lumbosacral strain because that is what the Doctor diagnosed. This was all effective service connected in August 2019. In Februar…
0 votes2 answers -
Depression Secondary To Hearing Loss
I went to the va mental health a year ago. told them I was depressed because of my hearing loss. Made me do all kinds of testing. my GAF score was an 55. On axis 1 the doctor wrote depression secondary to medical condition plausable. Do I have a shot at a depression claim?
0 votes29 answers -
100% Disabled
My husband is 100% permanent disabled. He is 72 years old and also gets retirement and social security and I work full time. He has a rare lung condition called pulmonary Fibrosis. He has been in the hospital for 3 weeks and is still not stable enough to come home. But when he does get to come home I would like to know if he would be eligible for home healthcare? And if so where do I go to apply? income guidelines? I hope to be able to keep him home and take care of him but what if he will need to go to a facility because he can't walk? Would he be eligible for a VA Hospital?
0 votes15 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 votes7 answers -
Am I actually service-connected for this or is this a CUE?
I've got a question concerning my ratings code sheet. The info enclosed below is depicted on all three of my Ratings Code Sheet (Original - 2013; IU - 2019 & PTSD RFE 2020). Does this mean that I'm service-connected for Sinusitis at 0% or is this just a VARO mistake (maybe a CUE)? Is there any additional action that I should or could take? Thanks in advance.
0 votes3 answers -
avoiding reduction
I am mildly worried about the VA wanting to reduce my IBS rating at some point in the future, which is currently at 30% . I went to see my VA PCP and he noted that I had "dramatic improvement" when he asked me how it was. This is not what I told him. I said it was a little better at the moment, but it is absolutely not dramatic. I want use these records, which contain information on another condition, when I submit for another claim, but I don't want the VA to think this issue is getting better, I just happen to be on a short stretch where it wasn't at its worst. Should I avoid submitting these records now, or just send a message and/or get another appointment when …
0 votes11 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 votes6 answers -
I need help with what to do with my child's education costs
Hi, Regarding education benefits retroactive for my child. (retroactive 100% P&T after she had filled out all the VA education benefits forms with the va during her schooling before my appeal awards for 100% P&T). I am trying to figure out how to state my problem and not mess it up in explanation. Those that have had experience with this and navigated successfully I hope can figure it out. I was only at 50% VA disability (I was filing disagreements and permanently disabled, with SSDI, but not the 100% benefits for dependents) while my daughter went to school, she was born 1992. She graduated high school 2010. Went to community college…
0 votes3 answers -
Chapter 35 and DIC
I was recently given 100% P&T and started filling out the Chapter 35 benefits for my wife as she has wished to continue her education, however i noticed that it says "If you are over the age of 18 once you receive either the DEA or FRY SCHOLARSHIP benefits, you will no longer receive payments of Dependency and Indemnity Compensation (DIC) or Pension and you may no longer be claimed as a dependent in a Compensation claim. If you are under the age of 18, on your 18th birthday you will lose eligibility for DIC or Pension payments and you will no longer be claimed as a dependent in a Compensation claim. CAREFULLY READ THE INFORMATION AND INSTRUCTIONS ON PAGE 6, ITEM 22 BE…
0 votes5 answers -
Hearing loss increase
In 1996 I was SC for hearing loss 0% and Tinnitus 10%; after an ENT consult I was fitted with my first pair of VA issued hearing aids. Since that time I’ve gotten a new pair every 3-5 years with several adjustments at the walk-in clinic with each pair. I keep telling them my hearing is getting worse but it never gets to a compensation level. A few months ago The VA audiologist is concerned over a sudden drop in my R ear conductive hearing and referred me to ENT. They can’t schedule me for several months so they referred me to a non VA ENT. (This was my 2nd visit to an ENT???) I was dx with Cholesteatoma in both ears, surgery is my only option, besides allowing it to gro…
0 votes6 answers -
SMC-S and SMC-K
Hi Everyone! I want to thank you all for the great job, that you are doing. Your "wealth" of information has help me a great deal, getting claims approved, which I am throughly grateful for. I have a question. I am receiving SMC-S as a result of 100% diaphragmatic paralysis, 80% for vision, and several other disabilities. My eye doctor, who used to work at the VA informed me, that I am now "legally blind" in my left eye, and that i meet the criteria for SMC-K. He has written two letters stating just that. My VSO says that SMC-K, is included in the SMC-S. My eye doctor says "hell no", that SMC-K is separate from SMC-S, and that I meet the criteria the VA established…
0 votes6 answers
-
Popular Contributors
-
Advertisemnt
-
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- 10 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)-
- 53 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!- 13 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
-
Popular Contributors
-
Ads
-
Latest News