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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. 
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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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msmarsilio

Amazingly Fast Rating!

Question

I had submitted my claim through VONAPP on 29 June 09 and had my C&P on March 9th at the Dublin VAMC. First off, everyone that I met there were amazingly helpful. They took me in for my CAT scan 2 hours early since I was there and the examiner could not have been nicer or more helpful.

My submittal for compensation was for my DDD and lower back pain that I've had since 1992. I had a laminotomy with partial diskectomy in May '09 and a PLIF in Sep. '09. Anyway, C&P was on March 9th and I just received my "brown"envelope yeterday with a 40% for my back added to my previous 10%. I can say I was hoping for more, but am pretty glad with what they got and how fast they were. Good luck to everyone else out there.

I can post the results later if anyone would like to knowhow I was rated for their own reference.

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4 answers to this question

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Welcome to Hadit.

Although quick the VA often low balls on first rating. I am sure others who know about your type of rating will chime in soon.

Pete

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Congratulations on the win!

Pete53 is correct. Reviewing your results can help determine if you got the correct rating (of course, remove your private before you post it).

I'm curious...

When did you get out of the military/active duty?

When did you file your claim?

Was your claim solely for DDD in the lower back (thoracolumbar spine) or did it also include other areas like neck (cervical spine), or hips/knees/feet?

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I had submitted my claim through VONAPP on 29 June 09 and had my C&P on March 9th at the Dublin VAMC. First off, everyone that I met there were amazingly helpful. They took me in for my CAT scan 2 hours early since I was there and the examiner could not have been nicer or more helpful.

My submittal for compensation was for my DDD and lower back pain that I've had since 1992. I had a laminotomy with partial diskectomy in May '09 and a PLIF in Sep. '09. Anyway, C&P was on March 9th and I just received my "brown"envelope yeterday with a 40% for my back added to my previous 10%. I can say I was hoping for more, but am pretty glad with what they got and how fast they were. Good luck to everyone else out there.

I can post the results later if anyone would like to knowhow I was rated for their own reference.

Welcome to Hadit, and congratulations. You state "I can say I was hoping for more" why do you think you should have gotten more.

Bergie

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Results:

On examination your paosture and headposition were normal and there was symmetry of appearance. There was no gibbus, kyphosis, list, lumbar flattening, scoliosis, lordosis, reverse lordosis or ankylosis. Examination of the muscles of the thoracolumbar spine revealed spasm, guarding, pain on movement, tenderness and weakness but no atrophy. The examiner stated that muscle spasm and localized tenderness or guarding is severe enough for abnormal gait or abnormal spinal contour. Deep tendon reflexes were full with no evidence of muscle atrophy and the examiner noted that muscle tone was normal. The lower extremities showed impaired sensation to vibration on the left but no other abnormal sensations. Normal range of motion is as follows: flexion to 90 degrees, extension to 30 degrees, lateral flexion to 30 degrees each way and rotation to 30 degrees each way. At the examination range of motion was 0-30 degrees, extension of 0-10 degrees, bilateral flexion was 0-10 degrees as was bilateral rotation. The examiner reported objective evidence of pain on active range of motion but there was no additional limitation with repetitive motion. Lasegue"s sign was positive bilaterally. Radiologic examination revealed DDD with post surgical changes at L5-S1.

@Vync: I got out in Jan. 2002 after 10 years. I filed the claim this past June 29th. And the claim was strictly for the lower back pain and DDD.

@Bergie: I was thinking I would get more based on the ratings schedule and from my SWAG ast to what might have been used in the evaluation. I almost, honestly, was figuring it closer to 70%. Like I said, I am still grateful for what I got. I still have to file a 21-4138 for my original 10% that has gotten worse (Chronic depression).

Thanks for all the welcoming words.

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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)
        • Thanks
      • 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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