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    • 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)
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    • https://community.hadit.com/searching-for-va-claims-information-on-hadit.com/

       

      Your question has probably been asked before so the fastest way to find the information you need is to search for it.
      • 3 replies
    • 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.


      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
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oldman273

Hey To All

Recommended Posts

Hey I am new to the forum currently going through the stages like the rest of us all. I am trying to help my Cousin also. He is A Vietnam Vet who has an old paper ID card from the 70s that has his two 10% rattings. He has tried to use this as proff of his SC illness and both are documented but no one can tell us How to go back and find the stuff we need any help let us know. He is eat up with Agent Orange sypmtoms so I try to stay positive. He is trying to get the VA to to check him for Agent Orange but they always put him off. He was river patrol support ship so they were always close in. Me My claim is simple my heart is bad. So If any of you can help him shout out to me he does not do the e-mail.....

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Hey I am new to the forum currently going through the stages like the rest of us all. I am trying to help my Cousin also. He is A Vietnam Vet who has an old paper ID card from the 70s that has his two 10% rattings. He has tried to use this as proff of his SC illness and both are documented but no one can tell us How to go back and find the stuff we need any help let us know. He is eat up with Agent Orange sypmtoms so I try to stay positive. He is trying to get the VA to to check him for Agent Orange but they always put him off. He was river patrol support ship so they were always close in. Me My claim is simple my heart is bad. So If any of you can help him shout out to me he does not do the e-mail.....

Welcome to Hadit,

I am sure the others will come in and answer your questions. We have some Agent Orange experts on the site.

Betty

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Is your cousin receiving a compensation payment from the VA?

His old paper ID should have the same #C file number that the VA currently uses. A request for records under the FOIA act is a good place to start.

As for general heart conditions being associated with A.O. exposure.

The government funded study of the Army personnel known to have worked with A.O. (ranch hand) showed an increased incidence of heart related problems. However the VA has never publicly acknowledged that any relationship exists.

The VA does (reluctantly) acknowledge a relationship between Diabetes and cardio related disease. One problem is that the heart problems may occur long before a formal diabetes diagnosis is made. Currently, government sponsored/recognized medical institutions are saying that the cardio related problems may occur up to ten years before diabetes is formally diagnosed.

Welcome to Hadit,

I am sure the others will come in and answer your questions. We have some Agent Orange experts on the site.

Betty

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Guest t�e�r�r�y�s�t�u�r�g�i�s

273, I do not understand that if your cousin has asked for an AO exam why he can't get one. I had the exam at the Battle Creek Michigan VA Medical Center and I sent three other veterans to there to get their AO exams.

In Battle Creek the phone number is 1-888-214-1247, ask for EXT 33853 and schedule the exam. The clinic is called The Enviromental Clinic.

In short I would recommend to #1 be polite, #2 be aggressive. After the exam go to the Release of Information office and get a copy of the exam and turn any findings into claims. Good luck. Terry Sturgis

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The AGent Orange reistry exam is just that- an exam- it does not trigger an AO claim-

I just posted info under Claims Research yesterday on the Mobile attorney clinic in Battlecreek-maybe they could help here- but he has to file a formal claim for AO disability-

"He is A Vietnam Vet who has an old paper ID card from the 70s that has his two 10% rattings. He has tried to use this as proff of his SC illness and both are documented but no one can tell us How to go back and find the stuff we need any help let us know"

When he re-opens his claim the VA will get his c file out of storage and it will be available for him to copy-

Do these two SC ratings involve AO at all?

If his claimed disability is not on the presumptive list-he will need a super dooper expert Environmental specialist to opine on whether AO caused his problems.

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    • 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)
        • Thanks
      • 3 replies
    • Wonderful news way to hang in. I hope this gives you some well deserved peace. 
    • If HadIt.com has helped you or you believe in it’s mission then please donate even $1 helps. I hope HadIt.com has provided $1’s worth of help to you. Imagine waking up and there is no HadIt.com it could happen and that is why I’m asking for your help now.



       



      Our traffic is going up and so are our expenses, however revenues have gone down and so I am reaching out to you to see if you can help me keep Hadit.com up and running.
      • 4 replies
    • https://community.hadit.com/searching-for-va-claims-information-on-hadit.com/

       

      Your question has probably been asked before so the fastest way to find the information you need is to search for it.
      • 3 replies
    • 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.


      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
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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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    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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