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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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  • 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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Raters Decision

Question

Will the rater use med. records that are four years old and don't contain all info. or will he/she depend on the c/p examiners report?

Thanks.

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they will use all data available to them old medical records C&P exams etc it is all used

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Thank you testvet for your reply and thank you for putting your life on the line for our freedom.

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I put my life on the line for a paycheck I just didn't expect Army doctors and scientists to try and kill me I am not one of those veterans that believes everyone who ever served is a "hero" most "hero's I know were so damn ugly no one would date them and were more trouble on base than they were worth and if they had stopped to think about what they did to become a "hero" they would never have done it. most of the time it was just a gut reaction and they saw something that needed to be done and did it without thinking of the consequences yes military service is a great thing but I don't buy into this new idea that everyone who ever wore a uniform is a "hero" that word is flat being abused many if us joined for different reasons drafted by our "friends and neighbors" enlisted because it was expected as in a family tradition (my excuse) my family has served in the Army going back to 1775

now I "serve" by trying to help fellow veterans get the benefits and compensation they are entitled to like I did

the VA uses everything to decide a claim old records new records and even statements veterans make in jest to VA employees if you are telling them that you don't get along with people and then are always sitting in the waiting rooms BS'ing and telling war stories with the other vets sitting there they document that too, they use it all and don't forget it you are always being observed while on VA property so keep that in mind and don't tell them things that aren't true they have a way of seeing thru the "fog" and most of the docs there can smell "stories" it's best to keep to facts and don't add things you don't want them to use against you

if you ever fought with your brother or sisters they will tell you you have a Personality Disorder or an Adjustment disorder instead of a SC PTSD or anxiety issue "normal childhoods" is the best answer tell them your life was like Leave it to Beaver or Ozzie and Harriet just not dennis the Menace or Eddie haskell lol

sorry for the mini rant but I didn't do anything out of the ordinary than most other soldiers

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I just think that all vets know that they could be asked to put their lives on the line if needed, after all isn't that what the military is all about? You could be a cook one day andf be in the field the next if needed. jmo

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    • Rating "Protections"
      The VA has several regulations governing various levels of "protection". The terms "permanent", "protection", and "total" are misnomers due to the various ways the VA has defined them.

      Here is some information on VA ratings protection (but the word "protection" has a different meaning to the VA). The exception to these rules is if they can prove fraud.

      5 years

      The key part to remember about the 5 year rule is found 3.327(a) indicating that these are guidelines which are not necessarily set in stone. The key takeaway for most veterans is reduction should not occur if there has not been material improvement over 5+ years or if the veteran is over the age of 55.

       

      10 years

      In brief, ratings in effect for 10 years cannot have service connection severed.

       

      20 years

      In brief, a disability rated for 20 years cannot be reduced below the lowest rating percentage it has held for the previous 20 years.

       

      P&T

       

      TDIU

       

       

       

      Disclaimer: I am not a legal expert, so use at own risk and/or consult a professional representative. The VA updates their regulations from time to time, so this information may become outdated.
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    • Everything Veterans Affairs does with your service connected disability compensation claim, is governed by law. You may want to bookmark this page as a reference as you proceed with your claim.

      It can be a bit daunting. Just remember the U.S.C. is the law, the C.F.R. is how they interpret the law and last but certainly not least is the V.A. adjudication manuals that is how they apply the law. The section of the law that covers the veterans benefits is Title 38 in the U.S.C. in the C.F.R. is usually written 38 C.F.R. or something similar.

      It's helpful to understand how statutes, regulations, and VA directives such as the VA’s Adjudication Procedures Manual, the M21-1MR (Manual M21-1MR.) are related. Of these three sources of law, the statute, written by Congress, is the highest form. The statute that governs veterans’ benefits is found in Title 38 of the United States Code (U.S.C.). The VA writes regulations to carry out the laws written by Congress; these are found in Title 38 of the Code of Federal Regulations (C.F.R.). The VA’s internal instructions for adjudicating claims are contained in the Manual M21-1MR. VA regulations may not conflict with any statute; the manual’s provisions may not conflict with either statute or regulations. If they do, the Court has the power to invalidate them.

       










      U.S.C. United States Code United States Code is the law and the U.S.C. is the governments official copy of the code.


      U.S.C.A. United States Code Annotated U.S.C.A. contain everything that is printed in the official U.S. Code but also include annotations to case law relevant to the particular statute.


      C.F.R. Code of Federal Regulations The C.F.R. is the interpretation of the law


      VA M-21 Compensation and Pension Manual


      VA M-21-4 C & P Procedures


      VA M28-3 Vocational Rehabilitation


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      We have a full Agent Orange forum here.

      Many veterans (and even their survivors) have succeeded in getting a disability, not on the presumptive list, service connected due to their proven exposure to AO.

      Also Secretary Wilkie is considering a few new presumptives, but we have no idea if  he will even add any to the list.

      I wrote to him making a strong argument, as  to the potential for HBP to be added, as well as ischemic stroke and have prepared a personal claim based on the same report a veteran used at the BVA, who also had a strong IMO/IME, and the BVA recently granted his HBP as due to his exposure to AO in Vietnam.

      Most veterans with HBP were deemed as having "essential" - a medical term for no know cause- now we have a cause in Vietnam veterans---AO caused it.

       

      The report is here:

      https://www.nap.edu/read/25137/chapter/2

      On page 8 they found there is "Sufficient" evidence that AO caused HBP in Vietnam veterans.

      The BVA case and this report is also searchable in our AO forum.

       

       

       
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