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  • 14 Questions about VA Disability Compensation Benefits Claims


    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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Daughter And Discharge


Thank you for letting me be a member of this board. Long story will try to make it short. My Daughter has served for ten years, USAF. Four months ago they sent her to the Azores unaccompanied (has Husband and two small children). When they sent her there she had already been diagnosed with Depression, OCD and Thyroid of which none had been stabilized with meds. Now, 4 months later she is so bad they are sending a packet to Randolph for discharge. None of her illnesses are under control yet..... Her symptoms worsened GREATLY because she was seperated from her family...Her Thyroid is out of control. She also has Hypertension that was diagnosed in the AF.

What I need help with is what she can expect next.... what should she do to protect herself?

I really don't even know what to ask..can anyone give me some tips etc to convey to her...at this point she does seek a discharge.



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Nicole I hope you get what you want, but remember the grass is not always greener..... you have the knowledge of the collection efforts so you are years ahead of other uninformed veterans, knowledge is money, keep informed and learn the regulations, if you are rated over 30% they have a great program called VOC REHAB that pays for college and computers and programs for your classes while they pay you to go to school. You have a whole new world ahead of you, 10 point vet preference for government jobs, etc. You have earned rights and privileges use them.

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Well, I am a few months down the road from where you are right now. I got out on an MEB the 1st of Dec. They make the decision about severance pay, you dont have a choice Im afraid. I got a little over 47K in a lump sum severence pay. Over $13K was withheld from that amount for taxes. I just spoke to the IRS about the tax matter. Refer to IRS pub 525 under sickness and injury benefits.

"Retroactive VA determination

if you receive A LUMP-SUM DISABILITY SEVERANCE PAYMENT and are later awarded VA disability benefits, exclude 100% of the severance benefit from your income. "

Ive already received my W-2 for 2005 from the military and the severance pay is included as taxable income. What I have to do is go ahead and file as is. Then, when I receive my rating from the VA, they said to do an ammendment to my return and exclude the severance amount, attach a copy of my VA rating, and send it in. Then you get the rest of the tax withheld back. Hopefully, you will get your severance pay, and VA rating all in the 2006 tax year, so you dont have to do an ammendment like me.

As for the VA withholding payments to repay the severance, thats just how they do it. I am using my severance pay wisely to live off of right now. If I get a 30% rating, I will not start to receive monthly VA checks for about 8 years.

Good luck on yours.

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and the verdict is in...damnit!!!

I was rated as 30% by the Air Force and am being placed on Temporary Retirement, from what I have read, I will be receiving 50% of the base pay regardless of the 30 rating, I do have the option to appeal, but am not sure I want to stare the "gift horse" in the mouth. My ultimate question is...can I go ahead and apply for VA disability while on Temp retirement...or do I have to wait until I am either "officially" retired or seperated?


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as long as you are on TRDL you are not a veteran as far as the VA is concerned you are still ative duty sorry

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Can someone tell me where I can find useful information on SBP?

I am under the impression that VGLI may be the way to go for insurance coverage, but would like to do a little more research on the SBP beofre making a final decision...


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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.








      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.

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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.


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

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