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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)
      • 4 replies
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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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SaintX

New Va Mo

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Not sure if anyone has noticed the new MO that the VA has set forth. Please be sure to check your VCAA letter thoroughly. Read it over and over and again. They are now picking through the Regs to make the Denials fit. Not fully reading the C&P exams or reading them and choosing to exclude the parts that are in your favor.

I've had this happen and now my NOD is in. I don't think they will like the letter and it will be apparent that they will try to deny something else or lowball again. Remember READ, READ READ!!!

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Whats a new MO. They have always done this.

Not reading a exam or reading only a part of an exam is commonplace.

Many ask leading questions to the examiners in order to receive a spacific answer.

It happens.

J

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Yeah John is right-

I received an improper VCAA letter in 2003. It did not comply at all with the VCAA regulations.The vet reps who insisted I was wrong are Gone from that vet org.

I raised a ruckus at every level I could.

I also personally told Congressman Filner ( H VAC) that ROs were deliberately creating the remand backlog by defying the VCAA and they had turned this DTA right we have into a VA scam.The BVA web site bears out how many claims have been held up due to illegal and prejudicial VCAA letters.

This have changed for the better in that respect but still-if they think they can get away with a non complaint VCAA letter they will.

The BVA found my VCAA letter was non comp[laint but that my probative evidence had mitigated the damage,

So I didnt get a remand for a proper VCAA letter -I got an award.

The vet reps I had who insisted my VCAA letter was proper and I didnt have right to complain are no longer with that vet org.

I can only wonder how many non complaint VCAA letters the RO sent our to their POA vets and widows knowing that even this orgs director didnt know what a compliant VCAA letter really is.

"Not fully reading the C&P exams or reading them and choosing to exclude the parts that are in your favor."

Been there on that one many times- you fight them back with what they excluded.They excluded 6 words from a C & P exam I got once that-had they not done that- would have awarded that past claim much sooner.

I am still angry about how manipulative they were in past SOCS, SSOCs I got.

If you have the medical evidence however, their manipulation wont work forever.

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I probably used the wrong word "New", which I suspected has always been going on. The point was for all folks to please read. I have a "very close" person who works there and they inform me of what new is coming down the pipeline. They also agree that in terms of not doing the right thing, they also believe it's done at the Rater's point and whoever is signing off has been schooled on the process.

Again my point was for everyone to read those because another friend of mine had the same thing happen to her and she was about to just "let it go" she was tired of fighting, but with the help of HadIt, we put it all together and she got the award.

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I probably used the wrong word "New", which I suspected has always been going on. The point was for all folks to please read. I have a "very close" person who works there and they inform me of what new is coming down the pipeline. They also agree that in terms of not doing the right thing, they also believe it's done at the Rater's point and whoever is signing off has been schooled on the process.

Again my point was for everyone to read those because another friend of mine had the same thing happen to her and she was about to just "let it go" she was tired of fighting, but with the help of HadIt, we put it all together and she got the award.

Jbasser and Berta are right; VA has always played games in denying veterans their claims. If you stick around Hadit for a while, you will find out that we encourage veterans to not give up. That is what VA want veterans to do but we have to get so irritated and pissed off that we have to do whatever we have to do to learn how to fight VA. We have to learn how to read the CFR 38 part 4. I think I heard it on one of the SRV shows that in order for a veteran to win his/her claim, s/he would almost be like a doctor but I would add that s/he would be at least like a rating specialist, a VSO, an adjudicator or maybe even a DRO. I do agree that veterans need to read their VCAA letters and their rating decisions thoroughly when they come from VA. I think in most cases VA will give the veteran enough information to write a good rebuttal to their decision.

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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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