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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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dondo747

Voc Rehab And Old Rating

Question

I've had 30 % rating since 1973. If I apply for Voc Rehab, can they open my file and possibly reduce my rating because of my asking for Voc Rehab? Thanks.

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Good news, your 30% should be protected under the 20 year rule.

(Authority: 38 U.S.C. 1155) (b) A disability which has been continuously rated at or above any evaluation of disability for 20 or more years for compensation purposes under laws administered by the Department of Veterans Affairs will not be reduced to less than such evaluation except upon a showing that such rating was based on fraud. Likewise, a rating of permanent total disability for pension purposes which has been in force for 20 or more years will not be reduced except upon a showing that the rating was based on fraud. The 20-year period will be computed from the effective date of the evaluation to the effective date of reduction of evaluation.

Bad news, you will most likely not qualify for Voc rehab.

(a) Time limit for eligibility to receive vocational rehabilitation. (1) For purposes of §§21.41 through 21.46, the term basic period of eligibility means the 12-year period beginning on the date of a veteran's discharge or release from his or her last period of active military, naval, or air service, and ending on the date that is 12 years from the veteran's discharge or release date, but the beginning date may be deferred or the ending date extended under the sections referred to in paragraph (b) of this section.

Other news, you should think about and consider.

Voc Rehab is sometimes awarded when a veteran gets an increase in his or her service connected disabilities. Others may chime in.

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Your 30% disability should be protected, under the 20 yr rule, as mentioned, but you might want to file for an increase. In 37 yrs it probably has worsened. You have nothing to lose and much to gain. jmo

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I've had 30 % rating since 1973. If I apply for Voc Rehab, can they open my file and possibly reduce my rating because of my asking for Voc Rehab? Thanks.

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dondo,

What disability is your 30 % SC for ?

Do you know what Diagnostic Code it is rated under ?

If not, this is a question the 1-800-827-1000 people can usually answer accurately,

so try to find out and post it.

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There are ways to get around that 12 year rule. If you can show that due to your SC conditions you are no longer able to really do your present type of employment you can get a waiver on the 12 years. I did it. I would also file for an increase.

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