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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.

  • 14 Questions about VA Disability Compensation Benefits Claims

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    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 ...
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  • Most Common VA Disabilities Claimed for Compensation:   

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

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    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

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Tbird

Jun 07 Roll Call

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I am present and accounted for. I have had ISP issues last 2 days that have knocked me off line.

My ISP is about as dependable as a parachute with a hole in it.

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Rich:

You and Judy are in my prayers. I am suspicious that my wife is having problems related to either small strokes or dementia or early Alzheimer's.

I have been an unapproved candidate for lap band since September of 2006. I am supposed to get a yes in a couple of months. Are you having yours done by VA or private insurance?

Pete

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Thank you Pete, your concern is always valuable. I know you will pray, The Lord is Good and will bless His own people. My surgery is just waiting some test results to get back into the doc's office. Medicare will cover mine. Some doctors won't accept medicare, but I went to medicare's web site and found a list of participating doctors and chose one that I was already comfortable with (being the Celveland Clinic Florida). I also changed my medicare supplimental to Plan F which covers the difference for doctors who do not accept medicare. It also has an in-pat deductible coverage. I previously had Plan A. Some people think medicare won't cover lap-ban etc. but they do if your BMI is 0ver 40 or maybe 41.

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Hello Everyone,

Sorry I've been away for so long. Right after the good news from the VA with 100% P&T, my mother-in-law passed away. Then my husband was in the hospital three times in the 2-months. He had to be put on dialysis. This is something that we knew was coming but he tried to hold it off as long as he could.

He says he actually feels better now. It helps getting the additional fluid out of his system. He was very stubborn and put off going to the doctor when he felt bad. Finally one night he told me something was wrong and he wanted to go to the hospital. These are words I have never heard him say. They had to resuscitate him as soon as they got him in the door at the emergency room. I think this last scare has changed him. I don't think he will wait to go to the doctor if something else comes up in the future.

Now they tell him that he has bones that look like they belong to someone in their 70's. He is 48. Diabetes causes so many problems. He has had type 1 diabetes since he was 19 and this was the reason he was medically discharged from the Army.

I am just beginning to get back into his VA claims. They certainly did not rate him correctly back in February and he has additional issues since the initial claim. I just hope I can get through it... Right now I don't even know where to start! B)

I did want to say hello to all the great people here at hadit and I hope to be here on a regular basis again.

Sorry I sound so depressed... Just a bad day I guess.

Brandy

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    • Rating "Protections"
      The VA has several regulations governing various levels of "protection". The terms "permanent", "protection", and "total" are misnomers due to the various ways the VA has defined them.

      Here is some information on VA ratings protection (but the word "protection" has a different meaning to the VA). The exception to these rules is if they can prove fraud.

      5 years

      The key part to remember about the 5 year rule is found 3.327(a) indicating that these are guidelines which are not necessarily set in stone. The key takeaway for most veterans is reduction should not occur if there has not been material improvement over 5+ years or if the veteran is over the age of 55.

       

      10 years

      In brief, ratings in effect for 10 years cannot have service connection severed.

       

      20 years

      In brief, a disability rated for 20 years cannot be reduced below the lowest rating percentage it has held for the previous 20 years.

       

      P&T

       

      TDIU

       

       

       

      Disclaimer: I am not a legal expert, so use at own risk and/or consult a professional representative. The VA updates their regulations from time to time, so this information may become outdated.
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    • Everything Veterans Affairs does with your service connected disability compensation claim, is governed 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.

      It's helpful to understand how statutes, regulations, and VA directives such as the VA’s Adjudication Procedures Manual, the M21-1MR (Manual M21-1MR.) are related. Of these three sources of law, the statute, written by Congress, is the highest form. The statute that governs veterans’ benefits is found in Title 38 of the United States Code (U.S.C.). The VA writes regulations to carry out the laws written by Congress; these are found in Title 38 of the Code of Federal Regulations (C.F.R.). The VA’s internal instructions for adjudicating claims are contained in the Manual M21-1MR. VA regulations may not conflict with any statute; the manual’s provisions may not conflict with either statute or regulations. If they do, the Court has the power to invalidate them.

       










      U.S.C. United States Code United States Code is the law and the U.S.C. is the governments official copy of the code.


      U.S.C.A. United States Code Annotated U.S.C.A. contain everything that is printed in the official U.S. Code but also include annotations to case law relevant to the particular statute.


      C.F.R. Code of Federal Regulations The C.F.R. is the interpretation of the law


      VA M-21 Compensation and Pension Manual


      VA M-21-4 C & P Procedures


      VA M28-3 Vocational Rehabilitation


      VA M29-1 VBA Insurance Manual
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    • Show your support with HadIt.com logo items. Only a few to start, t-shirts and ball caps coming https://hadit.com/shop/ Can holder, Coffee Mugs and Notebook currently come take a look and check back https://hadit.com/shop/

       
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    • I was unable to find a reply box to your post.

      We have a full Agent Orange forum here.

      Many veterans (and even their survivors) have succeeded in getting a disability, not on the presumptive list, service connected due to their proven exposure to AO.

      Also Secretary Wilkie is considering a few new presumptives, but we have no idea if  he will even add any to the list.

      I wrote to him making a strong argument, as  to the potential for HBP to be added, as well as ischemic stroke and have prepared a personal claim based on the same report a veteran used at the BVA, who also had a strong IMO/IME, and the BVA recently granted his HBP as due to his exposure to AO in Vietnam.

      Most veterans with HBP were deemed as having "essential" - a medical term for no know cause- now we have a cause in Vietnam veterans---AO caused it.

       

      The report is here:

      https://www.nap.edu/read/25137/chapter/2

      On page 8 they found there is "Sufficient" evidence that AO caused HBP in Vietnam veterans.

      The BVA case and this report is also searchable in our AO forum.

       

       

       
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