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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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LeroyJohnson

Have A Few Smc Questions

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I asked these questions in another post but thought I should ask them in my own thread so does any one know how to figure out the SMC awards

can you get A&A more than once ?

does using a mobility scooter because of painful mobility bad heart and COPD count as loss of use ? I have to use a walker when not using the mobility scooter.I am SC for heart and copd and well as cervical, thoracic and lumbar spine.

I am now more confused than I was before. I was awarded A&A which I guess from reading several posts here is a L award I have 2 100% awards one of which is why the A&A was needed and a 60%. I have a K award which should have been higher as I am blind in one eye and have severely constricted field of vision between 5 and 10 degrees in the other eye so basically considered blind in both eyes. I received a 30 % (highest rating they give) but was stated in C&P that I needed A&A for the medical condition. I think they messed up big time in giving me only a L award I just cant figure out what I could have been given.

thanks Leroy

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I see why this post sat here for so long without a reply.

Leroy-SMC is an extremely confusing scenario for many.

I believe that many vet reps dont even realize their clients should have higher rating then they do- it takes a good read of the medical evidence and how to fit it all into he SMC criteria.

You need to read over the regs for SMC very carefully (38 USC 1114) and see how the SMC step levels work.

There are many excellent posts here on the steps levels. Rich is our inhouse SMC expert and I also have posted considerable info on the higher SMC levels. I dont have time to repeat it all it should be under the search feature.

I know you have studied a lot here-

another thing you can do is to search BVA decisions with similiar disabilities as yours to see how those vets shaped their evidence into the higher levels.

One of the first SMC vets I helped-a local vet- came to me when I first starting buying the VBM.1991.It helped us tremendously to attain for him the highest level of SMC he could get.

I think anyone trying to get a stepping stone level of SMC needs the VBM as there hav considerable info there as to the many combos etc of SMC.

It is intricate stuff to read-

maybe your rep has a copy of the VBM?They have en entire Chapter re SMC.

Other than S and K, SMC at the higher steps levels-requires an individual assessment based on SMC criteria in 1114 regs as well as the medical evidence.Sometimes an assessment we just cant do here-at hadit in each case.

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Put in a simple term, to get "R1" you need to to be rated in need of A&A for a separate S/C disorder than what you receive the "L" award for at this time. It sounds like you have that, but not knowing the exact nature of the disorders makes it hard to predict. Your SO should be able to help you with that. The PVA may help if you have not yet filed an appeal. Many times new SO's don't like to step in to help straighten out problems, if they haven't been on the case from the beginning.

Edited by Rich T

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thanks for your answers I don't have any one helping with my claims my wife did all the work herself.Been doing a lot of reading and I do meet the criteria for loss of use of lower extremities as I cant walk without the aide of a walker or cane with out falling just have to get a doctor to say loss of use is caused by something I am service connected for I have been a fall risk for many years have falls documented since 91 so that should not be a problem but then again who knows.and as I said I use a mobility scooter. I do understand a little bit about the step ups it takes a 100% to move up a full step and a 50% or higher to move up a half step.I have read and re-read all the C&P that I have had and I have 3 different medical conditions which the examiner said I needed A&A for my hands, CFS, and neuropathy cant feel my feet and lower part of my legs.also blind in one eye and severe tunnel vision in the other eye to only 10 degrees. I am SC for heart, copd, spine, knees, hands, neuropathy, diabetes, TBI, CFS, fibromaylgia, eye(1151) and the list goes on.I am T&P schedular.

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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)
        • Like
      • 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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