Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

Top 10 VA Disability Claims Articles

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Guidance On Claim Increase

Rate this question

Detonator

Asked by Detonator,

 Share

Question

Detonator Contributor

Detonator

Posted
Posted

Here is my situation:

Medically Discharged in 1995 with a VA rating of 50% (20% Right knee PCL deficient, 10% Left knee instability and 20% degenerative disc disease L5 S1 in lower back).

I complained about my lower back over the years to my VA primary and was given an MRI by the VA in 2004. It showed a herniated disc L4 L5 and a bulged disc L5 S1. This was the first MRI for my back and showed more issues than the X-ray done on my original VA exam in '95

At the end of 2005 my back worsened and in early 2006 I began VA physical therapy. Shortly after, I lifted an item at my workplace and ended up on work comp. I had to stop my VA treatment and go through that process for 10 months. After the work comp. process was settled, I returned to the VA and had a disc laminectomy surgery. My VA doctor wrote that my degenerative disc disease is what weakened the spaces around that area and caused the herniated & bulged disc.

My questions…

What is the VA policy regarding service connected disabilities that have been aggravated by a civilian job? My work comp. situation is documented in my VA records. With such a long history of back problems (probably under-identified by the original x-ray, instead of an MRI) will I have any future problems getting an increase?

Since I ended up on state disability will that be a factor for any VA increase? Do they ask for information on this during the claim increase process? If I ever ended up at 100% SC would my state disability money be counted against me or is it only earned income that is limited?

Thanks for your help!

Link to comment
Share on other sites
  • Answers 4
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

Popular Days

4 answers to this question

Recommended Posts

  • HadIt.com Elder
john999 Grand Master

john999

Posted
  • HadIt.com Elder
Posted

Detonator

If you are claiming benefits under workers compensation for the same injury as you are claiming VA benefits you will probably have to choose one or the other. Usually, it will be workers compensation that will seek to terminate your wage loss if you are getting VA compensation for the same injury. I was getting federal workers compensation for an increase in a service connected injury. Workers compensation made me choose between work comp. and VA compensation when I was incresed to 100% by the VA. If you are asked by either VA or workers compensation be honest. I would almost bet that your workers compensation will be reduced if you get 100% from the VA. If you get SSDI and workers compensation your SSDI will be reduced. Many of these programs have offsets. It is best to be honest and upfront so you don't build up overpayments. You can probably get medical treatment from both work comp. and VA but it is the compensation that creates a problem or duel benefits.

Link to comment
Share on other sites
  • HadIt.com Elder
Vike17 Experienced

Vike17

Posted
  • HadIt.com Elder
Posted (edited)

Detonator,

"What is the VA policy regarding service connected disabilities that have been aggravated by a civilian job? My work comp. situation is documented in my VA records. With such a long history of back problems (probably under-identified by the original x-ray, instead of an MRI) will I have any future problems getting an increase?"

Your civilian job aggravating a already service-connected disability should have any bearing on a future increas on way or the other. Just write to the VA stating you would like to apply for an increase in evaluation for your lower back and make sure they have the workman comp records and the records from your surgery. Also make sure they have al of your treatment records since your last C&P exam. The lower back. in your case since you were orginally rated in 1995, will be rated under either the old or the new rating crieria, which ever resukts in the higher rating.

"Since I ended up on state disability will that be a factor for any VA increase? Do they ask for information on this during the claim increase process? If I ever ended up at 100% SC would my state disability money be counted against me or is it only earned income that is limited?"

State disability has no affect on VA disability payments. It is in your best interest to make sure the VA is aware of all of your medical records since your last C&P exam. The VA will send you a "Duty to Assist" letter asking for information such as medical records and if they should obtain them for you. Either fill out the release of Information form and send it back to VA, or retrieve the records yourself and then submit them to VA.

I hope this helps!

Vike 17

Edited by Vike17
Link to comment
Share on other sites
  • HadIt.com Elder
john999 Grand Master

john999

Posted
  • HadIt.com Elder
Posted

Detonator

You might want to tell the state when you get your VA compensation increase or you may have an overpayment. At some point there is a duel compensation situation when dealing with workers compensation. Maybe the VA does not care but the state probably will care.

Link to comment
Share on other sites
Guest
This topic is now closed to further replies.
 Share
Go to question listing


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!

  • Recent Achievements

    • Week One Done
      jERRYMCK
      jERRYMCK earned a badge
      Week One Done
    • Rookie
      KMac1181
      KMac1181 went up a rank
      Rookie
    • First Post
      Lebro
      Lebro earned a badge
      First Post
    • Week One Done
      stuart55
      stuart55 earned a badge
      Week One Done
    • One Month Later
      stuart55
      stuart55 earned a badge
      One Month Later

  • Our picks

    • Caluza Triangle defines what is necessary for service connection

      Caluza Triangle defines what is necessary for service connection

      Tbird posted a record in VA Claims and Benefits Information,

      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
      Tbird

      Picked By

      Tbird,

    • Post in ICD Codes and SCT CODES?WHAT THEY MEAN?

      Timothy cawthorn posted an answer to a question,

      Do the sct codes help or hurt my disability rating 
      yellowrose

      Picked By

      yellowrose,

    • Post in Chevron Deference overruled by Supreme Court

      broncovet posted a post in a topic,

      VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
      Lemuel

      Picked By

      Lemuel,

    • Post in Re-embursement for non VA Medical care.

      broncovet posted an answer to a question,

      Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
      Lemuel

      Picked By

      Lemuel,

    • Post in What is the DIC timeline?

      broncovet posted an answer to a question,

      Good question.   

          Maybe I can clear it up.  

          The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more.  (my paraphrase).  

      More here:

      Source:

      https://www.va.gov/disability/dependency-indemnity-compensation/

      NOTE:   TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY.  This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond.    If you were P and T for 10 full years, then the cause of death may not matter so much. 
      Lemuel

      Picked By

      Lemuel,
    View All
×
×
  • Create New...

Important Information

Guidelines and Terms of Use

  I accept