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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. 
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      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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Berta

Reps Problem

Question

The check is in the mail.

If I had not been aware of this benefit(my former reps didn't have a clue as to what it was - although it is part of every DIC app)-for those widows or widowers who meet the criteria-

and if I had not raised some Hell yesterday-with the VA -I could have lost this benefit and the retro cash!

The regs were on my side -that is all I needed.

Actually the problem started when they lost my app twice but I am used to that-and the VA approved this in January but some dope tried to tell me I had been denied.

His VA supervisor was just wonderful and knew right away that I should have gotten this benefit months ago.And he saw to it that I will get an award letter and the money.

Another case of the VA having all of the evidence they needed ,and approved this, yet managed to stall payment of what is mine.

Guess they hoped I would drop dead.

We all have to stay as healthy as we can to spite them!

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Berta, great news from a great inspiring person. Does this claim finalize your claims, or do you still have some up your sleeve?

Your dedication and devotion to all hadit members cannot be covered with just a "thank you" but I'm sending one your way along with a "god bless"! You are the BOMB!! :D :huh: :D :blink:

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Thanks everyone- it has been 2 decades ( to include my husbands VA travails when he was alive)of dealing with the VA- and this all below was generated by claim I filed in Feb 2003, Awarded by BVA April 2009, and the cash only started to arrive last month-

This is what I was awarded:

1.Burial Benefits -funeral expense refund received

2.New Chapter 35 delimiting date for me (They sent the new Cert of Entitlement already) and I assume for my daughter.Need to prepare letter for her.

3.Chapter 35 partial refund received so far of 4 years of college.They are figuring out the balance due me.

4.Refund of FTCA offset- 9 or 10 years of DIC that was offset by my FTCA case- I received this retro last month.

(The Award of direct SC death altered the offset and trumped the malpractice 1151 DIC.)

5.Home Guarantee Cert-need to apply-fully eligible now

6. REPS Restored Entitlement Program award.in the mail.

( about 2 years of SSA Survivors benefits )

7. I think comp for last month of vet's death -but have to check that reg and apply for it.Havent yet.

8. Still pending - SMC CUE under 1151 and I am questioning again the lack of SMC consideration in the new award decision.I might have to file claim for Equitable Relief with Sec Shenseki on this one.

The retroactive SMC under 1151 CUE and/or direct SC death due to AO is still open. The problem is-

if the VA misdiagnoses a SC condition, and they dont code it with a DC code because they didn't diagnosie it until after the veteran died from VA malpractice-

VA's position- so far-in their most recent decision -

is that they don't have to consider and award SMC as an accrued benefit based on the documented SC disabilities.

The accrued nature of this award is established so they gave me no BS on that.

They just don't want to pay any money for documented 1151 and now direct SC disabilities-eligible for a SMC award- because they have no diagnostic code for them.Solely due to the malpractice.

But the medical evidence in the file prior to Rod's death warranted the proper coding.

With this as the only pendng issue they can argue on-(SMC) I can fully concentrate on my response to this without all the above issues to deal with too.

It has been a year this month since my BVA award.Every single thing above (expect for the funeral expense

refund has been an additional battle to get the money during that year.Most of it generated only last month.

I have received so far 4 awards letters because I kept telling them to CUE themselves on each award letter and they did-

I will request they do that again on this one and also file Equitable Relief claim with the Sec.

Per NVLSP there was never a claim like mine before.

Death due to AO as well as malpractice of the AO conditons to the point of causing death by VA.

I really don't believe this was the first time this has ever happened.

But no other claimant has challenged them this way before.

It is ironic that the new IHD regs came when they did as those regs too would have warranted an award in my case.

--------------------------

Tssnave asked

"Have the VSOs who did you wrong been brought to justice?"

I am extremely happy with the results of my OGC complaint.

The 2 main Reps who buggered my claim will never handle claims again.

The state director was replaced as well but I dont know why.

Their trainng director is also gone-don't know why-

That too was a long frustrating ordeal. They have a better crew of reps now locally.

Edited by Berta

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Berta,

Thanks for the update on all your claims and VSO situation.

I admire your tenacity in dealing with the VA and am glad you are now on the downside and receiving the money and benefits that are rightfully yours and your daughter's. While it is small compensation for their lack of appropriate care to Rod, many others have benefited from your trials.

Take care,

TS

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x

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OMG Berta, Whatever you take to keep your mind focused and ready for constant battle, I want some of that LOL! The utter and complete tenacity of your claims follow-up is beyond words. You just never give up. One hand grenade after the next, over and over and over! Congratulations, you are an amazing warrior. HUGS!! ~Wings

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Berta,

I know Rod would feel just great in knowing the years of

work and dedication is finally being recognized with proper

compensation.

You are the ultimate as an example, of showing what due diligence is all about.

carlie

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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
      • 3 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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