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55 Years And 5 Years

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murph

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  • HadIt.com Elder

the VARO can NOT reduce a rating after 5 years based on a single C&P exam like they can with an award that is less than 5 years but you are never truly safe until you reach the 20 year mark

the DIC is payable regardless of the cause of death after a veteran has been SC for more than 10 years if the cause of death is SC then it doesn't matter if the veteran has only been SC a month then the spouse is entitled to DIC

the VA has a lot of rules and they change them a lot

100% SC P&T PTSD 100% CAD 10% Hypertension and A&A = SMC L, SSD
a disabled American veteran certified lol
"A journey of a thousand miles must begin with a single step."

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  • HadIt.com Elder

I have never heard a peep from VA on any of my Service Connected Ratings. This would go back to 1991. I am 66 so I am going on 19 years with VA and over 19 with SSD.

Its funny what knocked me down so hard was a combo of a vicious IRS Agent and the first gulf war. So I might still have no clue if I did not get so depressed I had to go to a Hospital.

I am a survivor as I think most on Hadit are. I think that if our government treated Veterans better they would save a lot of money

Veterans deserve real choice for their health care.

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  • HadIt.com Elder

I agree Pete but they kick us like dogs that are not wanted and wonder why we want to bite back

I told a supervisor at the post office once "you all push us into corners and then get shocked when we come out with our teeth bared like trapped rats" he looked at me like I was crazy this was after they had a fight amongst the lower ranked supervisors about which one of them was going to come to the hospital while I was still hooked to a heart pump for missing work for the 3rd time in one year without prior approval 3 unscheduled absences was an automatic letter of warning I asked the idiot who brought it to me that I wasn't signing it and I would be appealing it all my absences where for heart attacks and I was hospitalized all 3 times and I would take my chances with the arbitration judge

I once promised to kick the station managers azz down the street to Bobby Jones if he ever left me alone on the back dock while I was having a heart attack and he went in to clock me off to make sure I wasn't getting paid to just lay there he called the Postal Inspectors on me for threatening him when the Postal inspectors asked me about it I told them I did NOT threaten him it was a PROMISE he got a 30 day suspension I was sent to a shrink and they put me on Zoloft and gave me 2 weeks of medical leave to get adjusted to the meds I think the Post Office and the Post Master was happy to see me leave rofl

Edited by Testvet

100% SC P&T PTSD 100% CAD 10% Hypertension and A&A = SMC L, SSD
a disabled American veteran certified lol
"A journey of a thousand miles must begin with a single step."

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I HAVE A QUESTION, I WAS AWARD SC FOR SLEEP APNEA SECONDARY TO PTSD WHICH WAS DATED BACK TO MAY 2006 BUT IT WAS NOT RATED PERMANENT BECAUSE THEY BELIAVE THERE CAN BE AN IMPROVEMENT. BUT THE THING IS THAT IN MAY 2011 IT WILL BE SC FOR 5 YEARS, WHAT CAN I DO ABOUT THIS.

the VARO can NOT reduce a rating after 5 years based on a single C&P exam like they can with an award that is less than 5 years but you are never truly safe until you reach the 20 year mark

the DIC is payable regardless of the cause of death after a veteran has been SC for more than 10 years if the cause of death is SC then it doesn't matter if the veteran has only been SC a month then the spouse is entitled to DIC

the VA has a lot of rules and they change them a lot

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  • HadIt.com Elder

SC ratings don't become permanent for 20 years. If you are total for five years the VA can't just reduce you based on a single C&P exam. They have to examine your entire medical history to show a marked improvement. This does not mean they will never try to reduce you even if you are 70 years old and have been total for 19 years. After 10 years they cannot sever service connection. After 20 they cannot reduce a rating even IU. Technically, you could go back to work even on IU, and they could not reduce it after 20 years of being IU. This is my understanding.

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  • HadIt.com Elder

John if I was IU after 20 years I sure wouldn't want to be the test case if they did move to sever because if a vet maintained IU for 20 years and the immediately went out and found a job full time the following month I am pretty sure the VA would claim fraud and make the vets life a living hell since I doubt I am going to live 20 years I won't be here to see how it turns out maybe one of you can tell me about it in heaven a few decades from now because as sure as god makes little green apples some vet is going to test this theory one day

100% SC P&T PTSD 100% CAD 10% Hypertension and A&A = SMC L, SSD
a disabled American veteran certified lol
"A journey of a thousand miles must begin with a single step."

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    • Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

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          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
    • Good question.   

          Maybe I can clear it up.  

          The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more.  (my paraphrase).  

      More here:

      Source:

      https://www.va.gov/disability/dependency-indemnity-compensation/

      NOTE:   TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY.  This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond.    If you were P and T for 10 full years, then the cause of death may not matter so much. 
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