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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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    • This is the latest Compensation & Pension (C&P) Clinicians Guide dated 20180719. The only other one I've seen is dated 2002, including the one on this website and the VA website. I got this from my claims agent, who got it from the VA.

      VA Compensation & Pension (C&P) Clinicians Guide 2 Final Corrected 20180719.pdf
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    • I don’t say thank you enough to all of you...
      You, yes you, are the reason HadIt.com has remained a resource-rich resource. Thousands come each month to read, ask questions, or to feel a sense of community.

      Last month June 2020, we over 50k visitors they viewed over 160k pages. Veterans and their advocates, spouses, children, and friends of veterans come looking for answers. Because we have posts dating back 15 years and articles on the home page, they usually can find an answer or at least get pointed in the right direction.

      You all made that possible. Thank you.
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    • VA has a special where we can ask questions TODAY, at 3:00 to "people that matter?"  Someone should ask why we can not ask them questions EVERY day, why today only? (This is a big problem with VA..the 800 number often does not give specific answers).  We should have people in VA who "solve Vets problems" like Allison Hickey did a few years ago. 
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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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fireforeffect

ptsd Ptsd Inpatient Program Temp 100%

Question

Hi all,

So I've just gone through an Inpatient PTSD Program at the VA Hospital in Lyons, NJ. Had a panic attack at work on August 3rd of this year and was admitted into a 2 week stabilization period on August 4th - started the PTSD program on August 23rd going from the VA Hospital in East Orange to the Lyons Campus. I was finally discharged on Oct. 7th. I had a follow up appointment with an outpatient psych (in a VAMC) and he made the determination for me to return to work on Nov. 5th. So...if we tally that all up it comes out to 93 days (hospitalization and convalescence combined). This total time was all due to my SC for PTSD of which I am rated at 50% for.

Can someone please tell me what kind of temporary 100% disability I can look forward to? Will it cover the 4 months (Aug - Nov)? I have a claim in for it , and this might be a dumb question, but, does the claim take forever like other claims do? I hand delivered my certificate of completion from the program to my regional office in Newark and work with the Military Order of the Purple Heart (VSO) for claim support - anything else I can do?

Plus, I have an increase claim in for PTSD. I've heard so many stories from other vets on what kind of increase I can expect - some have said I'm headed for 100 and others have said I'm probably just gonna get 70% - can anyone clearly advise on this?

I would love to share more of this story: returning home, getting my initial award, struggling with but finally getting some employment and then having severe issues with that employment due to PTSD, being hospitalized and pursuing an inpatient program...maybe we can get some chatter going on this topic. I know some of the vets I went into the program with looked very confused when I mentioned the temp 100%. This is a tragedy. But that's why vets help vets.

This is my first post so, hopefully, I put it in right. Thanks for those who have made this site possible. I've obviously grown tired of waiting and being unclear as to what I should get for a benefit, but, haven't we all?

Hope to hear from anyone soon - thanks.

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Sorry that this is a question not an answer but I get confused how to use this site..  I saw the posts were for 2010.  It seems they are "restructuring" so that SC PTSD vets in specialized programs do not get temp 100% anymore.  Is this true?  Does anyone know if the "residential" label is preventing vets from getting 100%?  

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These posts are a little out of order-

for the new member- VA is still paying Temp comp 100% for PTSD InHouse:

"

VA may grant a temporary 100% disability compensation rating to a Veteran who is hospitalized for more than 21 days for a service-connected disability.

Learn more about Hospitalization"

https://www.benefits.va.gov/compensation/claims-special-index.asp

I am not sure what you mean by "residential " labeling.

 

Edited by Berta
added more

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Gee-when my husband was in the PTSD inhouse program, they handled the temp comp claim right there at the VAMC. It took just a few months for the check to arrive.

I think they will definitely give you 2 months temp 100% comp- and perhaps more- hard to say-

"I'm probably just gonna get 70%" possibly--- because you are still employed.

The temp comp is paid at the 100% rate -someone here will know the exact amount and it should include extra for any dependents.

"I know some of the vets I went into the program with looked very confused when I mentioned the temp 100%. This is a tragedy. But that's why vets help vets. "

That is awful!!!!! Only one vet who was in the same inhouse program with my husband didnt get any 100% temp comp.

The vets at the inhouse program as well as the VA doubted his stressor story.My husband (combat USMC Vietnam)had to wait months to even get into the program but this vet somehow got in right away and he was not even diagnosed with SC PTSD.

I am appalled to learn that the VA is not handing the temp comp claims as part of this program anymore.

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Thanks so much for your response Berta!

Perhaps I do need to wait a little bit more. I have been in touch with some of the other guys from the program and they've gotten their money already (and they graduated around the same time I did).

My real curiosity was how much compensation would be dished out due to the amount of time I was in there. What's clear is that after 21 days, the compensation can be granted. But, are my two weeks in the stabilization period counted? The convalescent leave time - is that counted too? Your response was you were not sure but I'm sure other vets are in similar situations. And, there was a regional rep that came to the program every other Wednesday. I know I already satisfied the 21 day requirement so I filed a claim with him when he visited. But then I brought my certificate of completion to the regional office and filled out a statement in support of that claim noting the extended amount of time that I was hospitalized for. Maybe I filed too much?

True, since going back to work - which is a bit more do-able now with medication on board (all 9 medications) - probably would deny me of 100% SC. I do have a claim in for the increase for PTSD and a separate claim in for TBI, Short-term memory loss due to PTSD and for my back. I have gone to C&P for all claims noted and, obviously, it's a waiting game. But, some vets have mentioned that if I get an increase awarded, let's say up to 70% from 50%, and I have 10% for tinnitus, that my TBI could be awarded and possibly combine with everything to get to 100%. I'm unclear on this idea too. And, furthermore, I'm unclear on the VA math system that is applied to percentages awarded after you recieve your initial 50%. Not only does the VA make you wait forever but they've cleverly figured out a way to round up/down and short change a compensation award which makes a combined 100% verrrryy difficult to achieve.

Not to sound so money-hungry, but that significant amount of time in the hospital left me high and dry. "Hurry up and wait" is almost non-applicable - I can't afford to hurry right now.

Thanks again, maybe there's something I can do to get this moving along.

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Newark is one of the better offices we have re time for claims getting processed. As you went in for PTSD, we usually consider an increase in whatever the disability was that caused you to be admitted to the hospital in the first place for either paragraph 29 (hospitalization in excess of 21 days) or paragraph 30 (convalescence). The temporary 100% can be dished out beginning when you were admitted and extended to up to 3 months without need of a veterans service center manager review...they can grant longer if the evidence shows you need more than that. As for your PTSD evaluation, since you are still employed, chances are you will not get the 100% disability since you are still at a job.

As for the VA math...i never liked regular math, let alone this kind! But we have a calculator program that figures it out for us so that there's no human error re combining the evaluations. If you give me a tally of all your disability evaluations now (not what you expect to get) i can try to figure it out for you.

Thanks so much for your response Berta!

Perhaps I do need to wait a little bit more. I have been in touch with some of the other guys from the program and they've gotten their money already (and they graduated around the same time I did).

My real curiosity was how much compensation would be dished out due to the amount of time I was in there. What's clear is that after 21 days, the compensation can be granted. But, are my two weeks in the stabilization period counted? The convalescent leave time - is that counted too? Your response was you were not sure but I'm sure other vets are in similar situations. And, there was a regional rep that came to the program every other Wednesday. I know I already satisfied the 21 day requirement so I filed a claim with him when he visited. But then I brought my certificate of completion to the regional office and filled out a statement in support of that claim noting the extended amount of time that I was hospitalized for. Maybe I filed too much?

True, since going back to work - which is a bit more do-able now with medication on board (all 9 medications) - probably would deny me of 100% SC. I do have a claim in for the increase for PTSD and a separate claim in for TBI, Short-term memory loss due to PTSD and for my back. I have gone to C&P for all claims noted and, obviously, it's a waiting game. But, some vets have mentioned that if I get an increase awarded, let's say up to 70% from 50%, and I have 10% for tinnitus, that my TBI could be awarded and possibly combine with everything to get to 100%. I'm unclear on this idea too. And, furthermore, I'm unclear on the VA math system that is applied to percentages awarded after you recieve your initial 50%. Not only does the VA make you wait forever but they've cleverly figured out a way to round up/down and short change a compensation award which makes a combined 100% verrrryy difficult to achieve.

Not to sound so money-hungry, but that significant amount of time in the hospital left me high and dry. "Hurry up and wait" is almost non-applicable - I can't afford to hurry right now.

Thanks again, maybe there's something I can do to get this moving along.

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    • This is the latest Compensation & Pension (C&P) Clinicians Guide dated 20180719. The only other one I've seen is dated 2002, including the one on this website and the VA website. I got this from my claims agent, who got it from the VA.

      VA Compensation & Pension (C&P) Clinicians Guide 2 Final Corrected 20180719.pdf
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      You, yes you, are the reason HadIt.com has remained a resource-rich resource. Thousands come each month to read, ask questions, or to feel a sense of community.

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    • VA has a special where we can ask questions TODAY, at 3:00 to "people that matter?"  Someone should ask why we can not ask them questions EVERY day, why today only? (This is a big problem with VA..the 800 number often does not give specific answers).  We should have people in VA who "solve Vets problems" like Allison Hickey did a few years ago. 
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    • The 5, 10, 20 year rules...



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      Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.



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      1998 - Initially Service Connected @ 10%



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      2020 - Service Connection Increased @ 30%



      RESULT: 30% is Protected from reduction in 2040 (20 years)
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