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  • 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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    • 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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    • 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.
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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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luvHIM

Back Due Child Support/garnishment ?

Question

Here's a question for you all...the wife of a vet (the wife is my friend), I don't know the spouse. However, she shared that spouse has been married before and now has grown children. But when he stopped working due to disability could not pay child support. His claim was recently granted and they are expecting a decent back payment check.

However, her husband is now concerned that the child support division will take his back pay and future payments to pay back child support (support in arrears) because the actual child support case is now closed due to the children being adults now. Can anyone help with this question because I don't have a clue. What can be legally taken from veteran compensation and any back pay due him?

I have searched and found some information but it is confusing because it talks about aportionment and mainly vets who have retired. I searched BVA cases even. Many of them were cases filed by the ex-wife and denied. But they were not cases that dealt with garnishments of a veterans disability compensation benefits.

Can anyone in haditville help with this matter. Thanks.

Edited by luvHIM

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SFC, you and I are in total agreement vis a vis our responsibility as Fathers. When my youngest son (I didn't get to spend much time with my oldest son) got old enough to understand I told "Boy, I'm not your "buddy", so go out and make some friends. I'm your Father. I'll be the FIRST one to whup yer ass if it needs whuppin. I'll be the FIRST one to tell ya you screwed up, if you screwed up. I'll be the LAST person that you will ever want to lie to, and, if you get your young ass thrown in jail, I'll be the LAST person you will ever want to call. Do YOU understand me? Good. Because I'll always love you."

That was about 15 years ago.........about 3 months ago he asked me if I remembered having told him that.....to which I replied that I did, because my Father told me the VERY SAME thing when I was about 14. He said, "Good, Dad, because I always will remember it, and if I am lucky enough to have a Son...well, Dad, you know the rest."

We need to be Fathers, not sperm donors. I remember my Father and his Father, both career Marines....back when ships were wood and men were iron and a man's worth was measured in the full light of day. I hope I've measured up, I think I have.

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So this whole post was started because at one time, a father did not provide financial support for his kids and he thinks the reward for doing so should be to be forgiven and not owe anything? It is not a liberal or leftist judges fault that a parent does not support their kids. I dont care who writes what about the woman spends money on this or that, it costs money tp raise kids, and it should be shared..... this country is going to hell in a handbasket, people need to learn responsibility, and the kids learn this from parents who do the right thing. I second rental guy, get the head out of your 4th point of contact, dont make babies you cant afford, either with money, or with the sense god didnt give some of the people walking around.

It is hard being a dad, harder than PTSD, harder than combat, but I challange it everyday and I am gonna win, anyone care to join me?

being a father takes more than telling them you love em, sometimes the money is mis spent, some times there are bad moms (and dads) but does that make not supporting the kids the right thing to do?

hmmm,

excuses are like well, everyone does have one of those too.....

No, it is the liberal mindset that constantly makes it a given that the bold single mother is being shortchanged by the dad, and oh by the way, the mother should naturally be given custody over the wishes of the father. This country is indeed going to hell by embracing the false theology of liberalism, statism, and any other ism that involves class warfare and trying to pit the sexes against one another--and of course the daddy will pay until it hurts.

By the way, I am glad to hear that you are a good father, that means a lot in my opinion.

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SFC, you and I are in total agreement vis a vis our responsibility as Fathers. When my youngest son (I didn't get to spend much time with my oldest son) got old enough to understand I told "Boy, I'm not your "buddy", so go out and make some friends. I'm your Father. I'll be the FIRST one to whup yer ass if it needs whuppin. I'll be the FIRST one to tell ya you screwed up, if you screwed up. I'll be the LAST person that you will ever want to lie to, and, if you get your young ass thrown in jail, I'll be the LAST person you will ever want to call. Do YOU understand me? Good. Because I'll always love you."

That was about 15 years ago.........about 3 months ago he asked me if I remembered having told him that.....to which I replied that I did, because my Father told me the VERY SAME thing when I was about 14. He said, "Good, Dad, because I always will remember it, and if I am lucky enough to have a Son...well, Dad, you know the rest."

We need to be Fathers, not sperm donors. I remember my Father and his Father, both career Marines....back when ships were wood and men were iron and a man's worth was measured in the full light of day. I hope I've measured up, I think I have.

You sir, are a good man, and I admire you for it. The ex will reap exactly what she has sewn in this life.

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LarryJ,

funny thing is everyday I see so much wisdom in your posts LOL....

My Uncle and Grandfather gave me that speach, they even kicked me out of the house and made me join the Army 21 years ago because I was becoming a hoodlum, now here I sit LOL.... funny how a father who isnt even your father can make a difference

(my dad was KIA vietnam)

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The law

USC, Title 38, 5301(a)(1), Payments of benefits due or to become due under any law administered by the Secretary shall not be assignable except to the extent specifically authorized by law, and such payments made to, or on account of, a beneficiary shall be exempt from taxation, shall be exempt from the claim of creditors, and shall not be liable to attachment, levy, or seizure by or under any legal or equitable process whatever, either before or after receipt by the beneficiary...

It is this federal law that is being violated by state divorce courts on a routine basis, and disabled veterans are being unjustly stripped of their earned disability compensation by state judges every day. It is very obvious by the strong and absolute wording in 5301, that Congress intended to protect veteran's benefits and compensation from third party awards "under any legal or equitable process whatever…" And it is also very clear that this federal protection exists even "after receipt by the beneficiary". Yet, veteran's disability compensation continues to be misused as a divisible asset in divorce courts nationwide.

Veterans disability compensation is meant to financially assist a person disabled in the line of duty live a whole and productive life. Disability compensation is not an asset, or property. This compensation is awarded to veterans that have lost some ability to work, or maintain a daily routine. Veteran's disability compensation is tax exempt, and uniquely awarded to a single individual based on their particular disabilities.

There is never time to do it right but,there is always time to do it over.

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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)
      • 4 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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