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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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      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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Bigr1959

Appeal And Information

Question

Looking for some advice. Retired Navy MM (SW/AW)

I finally file for disability April of this year. Filed for joint pain (knees,back,ankles, Hearing loss and right hand (crushed by 2 ton motor on sub) and radiation exposure.

The hearing test came back as 88% hearing/speech impaired. 0% awarded though admitted my hearing has gotten worst every year.

Hand has limited functions and will get worst, Pain 3 to 5 times a week, cannot write well or type without pain. Hard to work on anything with hand. They gave me 10% for pain.

Joint pains cannot be verified, They say I must prove ?? Worked on subs for 5.5 years as a mech . Always crunched up somewhere turning a wrench etc. I was 6'1 so you can imagine. It has taken its toll on my body.

Raditation exposure not in record. The training I did is not either (special job). How much info must I tell them. The information I can tell you was purged. We did some work in a reactor and it went south (it was overseas.) Do not want to get detailed on this as it is or was a embarrasment to them and not in best interest to say.

I want to know if I can appeal the 10%. I have waited a long time as I felt there were more important Vets out there for need but now getting older and starting to bother me really bad.

Any information or suggestions would greatly be appreciated.

Mark

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3 answers to this question

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Looking for some advice. Retired Navy MM (SW/AW)

I finally file for disability April of this year. Filed for joint pain (knees,back,ankles, Hearing loss and right hand (crushed by 2 ton motor on sub) and radiation exposure.

The hearing test came back as 88% hearing/speech impaired. 0% awarded though admitted my hearing has gotten worst every year.

Hand has limited functions and will get worst, Pain 3 to 5 times a week, cannot write well or type without pain. Hard to work on anything with hand. They gave me 10% for pain.

Joint pains cannot be verified, They say I must prove ?? Worked on subs for 5.5 years as a mech . Always crunched up somewhere turning a wrench etc. I was 6'1 so you can imagine. It has taken its toll on my body.

Raditation exposure not in record. The training I did is not either (special job). How much info must I tell them. The information I can tell you was purged. We did some work in a reactor and it went south (it was overseas.) Do not want to get detailed on this as it is or was a embarrasment to them and not in best interest to say.

I want to know if I can appeal the 10%. I have waited a long time as I felt there were more important Vets out there for need but now getting older and starting to bother me really bad.

Any information or suggestions would greatly be appreciated.

Mark

Mark,

Welcome to Hadit.

Regarding your part I've underlined above - You're going to need to "tell them" absolutely everything you know.

As far as it being an "embarrasment to them" , well that really needs to be no concern to you - because

1) I'm sure it's not something not already known about if it happened

2) All your being concerned about that will do is get your claim denied.

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You certainly can appeal this decision as to the hearing loss and hand disability.The VA should have inclded the Schedle of Ratings for both disabilities and you can appeal with medical evidence that would warrant a higher rating.

The radiogenic regulations are here:

http://cfr.vlex.com/vid/3-311-based-exposure-ionizing-radiation-19773997

This recent BVA decision contains a critical aspect of radiation claims:

http://www4.va.gov/vetapp10/files3/1026612.txt

In part the decision states:

“By rating action of March 2002, the RO denied service connection

for cataracts as a result of exposure to ionizing radiation on

the grounds that the amount of the veteran's radiation exposure

was insufficient to establish service connection under the

provisions of 38 C.F.R. § 3.311.

An independent review of the Defense Threat Reduction Agency's

(DTRA) reconstructed radiation doses accomplished by the National

Research Council (NRC) in a report issued on 8 May 2003

determined that radiation doses provided by the DTRA might have

underestimated the amount of radiation to which some veterans

were exposed.

In October 2003, the RO took the initiative to review the

veteran's claim for service connection for cataracts as a result

of exposure to ionizing radiation pursuant to new information

that indicated that a revised radiation dose estimate was

required in his case. The RO requested the DTRA to review the

radiation dose previously provided in the veteran's case to

determine whether or not it should be increased or otherwise

recomputed. Based on the DTRA's March 2007 revised radiation

dose estimate in the veteran's case, a May 2007 radiation review

and medical opinion from the VA Chief Public Health and

Environmental Hazards Officer, and a June 2007 advisory opinion

and radiation review under the provisions of 38 C.F.R. § 3.311

from Director of the VA Compensation and Pension Service, the RO,

by rating action of August 2007, granted service connection for

cataracts as a result of exposure to ionizing radiation effective

8 May 2003, the date of issuance of the abovementioned NRC

report. “

---------------------------------------------------------------------------------------------------

Radiation claims depend on documented dosage estimates that would support levels of dosage that could cause a radiation risk disability.

Also they require strong medical evidence of the nexus of the veteran's exposure to their present disability.

"Raditation exposure not in record. The training I did is not either (special job). How much info must I tell them. The information I can tell you was purged. We did some work in a reactor and it went south (it was overseas.) Do not want to get detailed on this as it is or was a embarrasment to them and not in best interest to say."

If it was classified job,they can declassify for VA claims purposes.

Do you have copies of your copy SMRs and service personnel records?

"We did some work in a reactor and it went south"

Have you googled this sub for any info?

A vet here at hadit recently won a radiation claim. That isnt easy to do-

Do your SMRs support any inservice joiht pain problems?

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Are you in contact with any of the others that served next to you? You can get them to write "buddie letters" to help validate your working conditions. For the joint pain you need to get a doctor to write you an independant medical opinion stating that the work you did in the service directly contributed to your joint pain. Even though for most of us it is common sense that mechanic work and having to work on your knees and in akward positions will take it's toll on our bodies...the VA doesn't care about common sense, they only care about medical evidence. So get it in writing from your doc and submit it to help support your claim.

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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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