Jump to content
  • Advertisemnt

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA 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 ...
    Continue Reading
     
  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • Searches Community Forums, Blog and more

  • Advertisemnt

  • 0
jhorak101

100% Rating Reduced To 40%

Question

I live here in Central Texas near Fort Hood and was talking with a Vietnam Vet a Marine veteran who told me he got a letter from the Waco TX VA regional office saying that they purpose to reduce his disability from 100% un employable to 40% I was under the impression that 100% was permanent and total and would never change I myself am rated at 80% overall with my highest disability rating at 30% then others at 20% and 10% The DAV told me that I have to maintain that rating for 20 years before it becomes permanent and total according to 38 CFR they already tried to reduce one of my disabilities from 30% to 0% because they say during a recent exam the VA medical doctor an neurologist at the Temple TX VA hospital said tat me condition improved ?? I had to go back a submit civilian health report form my Tricare provider at Hillcrest Baptist medical center in Waco to overrule the incompetent C&P evaluator. Now its this kind red tape that needs to get to the Top people in Washington i.e. the President and the VA secretary and congress. But my primary question has to do with my Vietnam Vet friend that the VA is trying to screw.

Thank You

Jim Horak, TSgt USAF Chapter 61 Disability Retiree

Belton Texas

  • Like 1

Share this post


Link to post
Share on other sites

Recommended Posts

Ad

The 20 year protection rule is a good rule. After 2o years, thee only way they can take it is if fraud was involved.

Regardless if a Veteran is P and T they can be reviewed.

It depends on his disabilities. If they have improved then they can take it. If not he has to battle.

J

Share this post


Link to post
Share on other sites

Surely he can cry CUE!!!

If he has a IMO that states his condition has not improved and that the C&P doc made a Clear and UNmistakable Error then it is very possible he could get this overturned. They tried doing this to my husband 2 months before he went 20 years (can you believe it!) but his VA doc never wrote anything about improvement in his notes and in fact he is much worse. The C&P doc does have some power, but they have less than the VA doc that has been treating you for years.....

Tell your Nam Vet friend to get his medical records from his VA medical Center or private doc, submit as evidence of Claim, stating you believe the C&P Doc was "inadvertently mistaken" in his determination. Provide all the notes you can, highlight the most important info that applies, write a contents page so the Adjudicator can find the info and cross your fingers. Don't let them take a benefit he has earned if he needs it! Tell him to get to a VSO or something, because it is extremely difficult to get back to 100% once you've lost it.

Good Luck

Share this post


Link to post
Share on other sites
I live here in Central Texas near Fort Hood and was talking with a Vietnam Vet a Marine veteran who told me he got a letter from the Waco TX VA regional office saying that

they purpose to reduce his disability from 100% un employable to 40%

I was under the impression that 100% was permanent and total and would never change

I myself am rated at 80% overall with my highest disability rating at 30% then others at 20% and 10% [

b]The DAV told me that I have to maintain that rating for 20 years before it becomes permanent and total....

jhorak101,

1)

The very first thing your buddy needs to do is write a letter to VA

stating he disagrees with this proposal to reduce his benefits,

that he wants a personal hearing at his regional office and that

he requests no reduction take place prior to his hearing being held.

He needs to submit this to the RO and get a date stamped copy of it from them.

He needs to do this NOW not in a few days, NOW.

Please disregard the poster that stated your buddy can "cry CUE".

As no final Rating Decision has been promulgated on the issue, it doesn't

rise to the level required to even submit a claim for CUE.

2)

A vet can be rated as 100 percent service connected for decades and

still not be rated as P&T.

The claims issue of P&T must be adjudicated in a Rating Decision

just as all other claims issues are required to be.

3) Even if a vet has been rated at 100 percent SC for 20 or more years

the issue of P&T does not automatically kick in.

P&T must be granted in a Rating Decision.

Here are the 10/20 year rules of protection for you.

Hope this helps a vet.

carlie

Borrowed from elsewhere,

"10/20 Year Service Connection/Ratings Protection

The 10 year mark for is for service connection.

A condition that has been service connected for 10 years can not be severed unless fraud is involved.

The clock starts ticking for conditions based on the effective date(s). This does not mean compensation can't be reduced.

The 20 year mark protects ratings.

Absent fraud, disability ratings can not be reduced after they have been going 20 years.

See your award letter for effective dates on each disability. Combined ratings are also protected after a 20 year period.

Example: You have been rated 50% for Condition A since 1990. You apply for SC for 4 more conditions and VA grants them in 2007. Because of VA granting them your new combined rating is 100% as of 2007. Condition A is protected from severance in the year 2000 and protected from reduction in the year 2010. The new service connected conditions would be protected from severance in 2017 and reduction in 2027. The clock started ticking on your combined 100% in the year 2007 so it would be protected from reduction in the year 2027.

If you apply for an increase for Condition A and are bumped from 50% to 70%, the 50% number is still protected from 1990 but the new 70% would start a new clock ticking (using the dates above). Meaning until you have held that 70% rating for 20 years, the lowest they can reduce you is back to 50% based on the fact that it was in effect for 20 years.

Even if a rater plugged the wrong numbers and wrongly awarded a combined 100%, they still can't reduce. Again, this is all assuming no fraud is involved. You can do the math by using the effective dates on your award letters.

"P&T" can be established at any time regardless of how long ratings have been held (via 100% scheduler or TDIU). If VA plugs all of your conditions and there are no future exams scheduled, then entitlement to Ch. 35 and ChampVA will be granted. If VA determines that there is a chance of improvement, there will be a future exam scheduled and "P&T" will not be established."

  • Like 2

Share this post


Link to post
Share on other sites

He MUST respond in time to this proposed reduction with any evidence that will help him.

His decision will clearly statement why they are proposing to reduce.

I dont know what time frame to respond he was given but he must act fast and put them on the defensive.

From TDIU to 40%???? that is a big drop-we need more info here as to what the decision said in order to give more advise.

And to know what was his SC disability?

Share this post


Link to post
Share on other sites
Guest
This topic is now closed to further replies.

  • Ads


  • Advertisemnt


  • Latest News
  • Our picks

    • Survivors- a Must read
      If you are new to hadit and have DIC questions it would help us tremendously if you can answer the following questions right away in your first post.

      What was the Primary Cause of Death (# 1) as listed on your spouse’s death certificate?

      What,if anything, was listed as a contributing cause under # 2?

      Was an autopsy done and if so do you have a complete copy of it?

       It can be obtained through the Medical Examiner’s office in your locale.

      What was the deceased veteran service connected for in his/her lifetime?

      Did they have a claim pending at death and if so what for?

      If they died from anything on the Agent Orange Presumptive list ( available here under a search) when did they serve and where? If outside of Vietnam, what was their MOS and also if they served onboard a ship in the South Pacific what ship were they on and when? Also did they have any major  physical  contact with C 123s during the Vietnam War?

      And how soon after their death was the DIC form filed…if filed within one year of death, the date of death will be the EED for DIC and also satisfy the accrued regulation criteria.
        • Like
      • 20 replies
    • If you are a Veteran, represented by MOPH, you need to know that MOPH is closing down its offices.  This can have a drastic effect on your claim, and it wont be good for you.  You likely need to get a new representative.  

      This station confirms MOPH is closing its doors:

      http://www.kwtx.com/content/news/Waco--Purple-Heart-veterans-service-center-to-close-its-doors-480422933.html

       
      • 0 replies
    • Retroactive Back Pay.
      Retroactive Back Pay - #1Viewed Post Week of March 19. 2018

      My claim is scheduled to close tomorrow for my backpay.
      Does anyone know if it does close how long till the backpay hits the bank?
      Also does information only get updated on our claims whenever the site is down?
      • 44 replies
    • Examining your 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 afoot.

      * Let's say it's Irritable Syndrome 

      * I would start page by page from page 1, if the first thing I run across an entry that supports my claim for IBS, I number it #1, I Bracket it in Red, and then on a separate piece of paper I start to compile my medical evidence log. So I would write Page 10 #1 and a brief summary of the evidence, do this has you go through all the your medical records and when you are finished you will have an index and easy way to find your evidence. 

      Study your diagnosis symptoms look them up. Check common medications for your IBS and look for the symptoms noted in your evidence that seem to point to IBS, if your doctor prescribes meds for IBS, but doesn't call it that make those a reference also.
      • 9 replies
    • How to get your questions answered on the forum
      Do not post your question in someone else's thread. If you are reading a topic that sounds similar to your question, start a new topic and post your question. When you add your question to a topic someone else started both your questions get lost in the thread. So best to start your own thread so you can follow your question and the other member can follow theirs.

      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
×

Important Information

{terms] and Guidelines