VA Disability Claims Discussion Forums - Welcome to the community!
- Ask a question | Search | View Latest Posts and More
- Your question has probably been asked before so the fastest way to find the information you need is to Search for it.
- Start a new topic with your question. -- Do not post your question in someone else's post. Start a new topic. We don't want your question to get lost. --
- VA Disability Compensation Benefits Claims Research Forum
- Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC
- Veterans Compensation & Pension Exams
- Success Stories
Search for Common Disabilities claimed as service connected disability. These links will take you to relevant articles and posts on the subject. Tinnitus | PTS(D) | Lumbosacral Cervical Strain | Scars | Limitation of flexion, knee | Diabetes | Paralysis of Siatic Nerve | Limitation of motion, ankle | Degenerative Arthritis Spine | TBI - Traumatic Brain Injury
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.
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.
In brief, ratings in effect for 10 years cannot have service connection severed.
In brief, a disability rated for 20 years cannot be reduced below the lowest rating percentage it has held for the previous 20 years.
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 The VA updates their regulations from time to time, so this information may become outdated.
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
VA M29-1 VBA Insurance Manual
Tbird posted a question in VA Disability Compensation Benefits Claims Research Forum,11oz Coffee Mug with HadIt.com Logo and Motto $12
Tbird posted a question in VA Disability Compensation Benefits Claims Research Forum,Show your support with HadIt.com logo items. Only a few to start, t-shirts and ball caps coming https://hadit.com/shop/ Can holder, Coffee Mugs and Notebook currently come take a look and check back https://hadit.com/shop/
I was unable to find a reply box to your post.
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:
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.