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      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.
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    • 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:

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PE1

Are Arachnoid Cysts Rated As

Question

I had a Brain MRI which showed an arachnoid cyst in the left frontal lobe and one in the right temporal lobe. Are Arachnoid cysts rated as a benign new brain growth?

8003 Benign, minimum 60

Rate residuals, minimum 10

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Since you are still active Military- is there anyone in the transition program to help you with this?

Have you filled out a 21-526 yet?

I know you wont leave the Military without copy of your SMRs-and make sure before you leave that the SMRs contain all this info and that your discharge certificate notes all of your disabilities.

Also would your personnel records contain anything to show how this trauma might have affected your MOS performance?

During the transition process there should be VA briefings and someone (maybe some vet org reps)available for help with this type of claim-

It is good you are getting your thoughts together now-

and you can file while still in the military with the VA but I believe that is best done during the transition briefings.You are in excellent position now to make sure your Mil inservice records are accurate and up to date.

Unfortunately many vets have problems because their SMRs did not adequately reflect their inservice problems and thy never questioned their discharge certificate if it was wrong.

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PS-sorry if you answered this one already-

do you expect a PEB?

When you file the claim make sure you tell VA any side affects of the meds you take for this.They will rate residuals-and should give you a 'put the cube into the block ' test and the MMPI.

These tests might be only way for "objective" testing to show ratable residuals.

The ADHD -is this clearly spelled out in your SMRs as medically due to the brain cysts?

Thre is no evidence of having this when you enlisted is there?

COncerta- yeah- a high dosage-

I dont know of any side affects but they would be listed on the form that you get with the meds.

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I'm actually retiring in September after 26 years. I have copies of everything. I just read this afternoon the clinical impression from the Neurologists and it says that I have a "history of TBI" (he actually wrote TBI) and that "certainly the TBI may have exacerbated any preexisting tendency". So (this is me speaking) even if the Arachnoid cysts are congenital, or the ADHD is congenital, or that the Arachnoid cysts are not the cause of the ADHD, the fact is that the TBI may have exacerbated any preexisting tendency, I'm I correct? Just planning ahead in case the rater denies any claims.

Also, in the MRI of the brain there were white matter lesions, which the Neurologist wrote down that "these are nonspecific, not in a periventricular pattern". And that he doesn't think that I have MS. But he did write taht "These are probably related to previous trauma or idiopathic".

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As long as they are considering the TBI-as part of or due to the parachute accident- this will help you a lot -if the VA does not get hung up on "pre existing tendency".

Is this conjecture -as to the pre existing nature of your cyst?- I guess I mean does the VA have proof positive that you had a pre-existing situation?Or did the VA just throw that in?

"white matter lesions"

also perhaps due to the Parachute incident

"So (this is me speaking) even if the Arachnoid cysts are congenital, or the ADHD is congenital, or that the Arachnoid cysts are not the cause of the ADHD, the fact is that the TBI may have exacerbated any preexisting tendency, I'm I correct? Just planning ahead in case the rater denies any claims."

You got that right on point here- you sure are getting those ducks in a row- and arming them with evidence as well as looking for the land mines NOW!

I commend you for doing that.!!!!

A pre existing condition is not necessarily something that would hinder a grant of SC.

But VA however could try to maniulate a pre -existing condition (even one that did not even exist prior to service) to somehow attempt to deny a claim.

I dont think this is the case here at all and that the records you have will avert them from doing that-or even trying to-

"These are probably related to previous trauma or idiopathic".-Basically the Neuro is

giving the trauma ( the parachute accident) as the nexus and the 'idiopathic'reference means there could be no known cause.

I just hope in your records one of the Neuros gives a strong nexus statement-

getting VA to focus on the parachute event as the likely cause of your problems.or "at least as likely as not" as the excebartion of pre existing conditions.

Pre existing? did they make that up?

Or is there something actrually documented as to these could be pre- existing?

After 26 years in the military-I think they would have a difficult time using the pre existing idea to deny this claim-

I had a difficult claim years ago-a local vet-

brain tumor in service.

One period of excellent service, re-enlistment and then all hell broke loose- he got a Court Martial-

to make long story short -he had brain tumor in pituitary area- which most probably pre-existed service and was present at birth but had growth of benign nature (compared to malignancy growth.

The brain tumor growth affected him during the second enlistment-causing situations that led up to the Court Martial-

This pre existing tumor (which the surgeon who removed it noted in his med recs) was definitly there when he enlisted into service first time (unknown to the vet he even had a tumor )and by second enlistment it had affected his behavior causing the court martial-and basis for service connection claim -he died before he could file a claim-due to the surgery.

I guess my point is if VA tried to say this was related to pre existing conditions in your case- as a basis to deny-they would sure have to back that up with proof of pre existing (which might not exist) and then somehow say these conditions did not excerbate your present disability-and they would have to provide a medical rationale for that which I believe would be impossible for them to do.

You sure are perfecting your claim way ahead of time-to make sure it is solid.

and you are doing a great job.

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Thank you

I'm just trying to make my claim solid.

How do they test for memory and concentration? With the 'put the cube into the block ' test and the MMPI only?

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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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