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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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    • 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.
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    • 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.
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krbkwb02

Huge Question About Secondary Condition

Question

Hello All, Well I have read until my eyes are now hurting and burning, lol! I have the following service connected conditions; 20% Right Knee with degenerative arthritis...10% Tinnutis.....10% Chronic Left Shoulder Bursitis and 10% Depressive Disorder secondary to my right knee. My last Cp for the listed was decided in 2009. Now fast forward approximately 15 months (which would be like several months ago) I started developing pain in my right groin and hip, my private physician ordered xrays of the hip which showed degenerative change in the hip but really nothing else was said or done because he lost his license and over the past few months I have seen a few different docs. I now have a perm. one who ordered an MRI of the hip. The results showed that I have the following; hip fracture, ligament damage, severe osteoarthritis and I thought they said osteoporsis and bone marrow swelling, bad yeah I know, I am at my wits end because I have to have total replacement surgery and in constant pain. The question is wouldn't it be secondary to my right service connected knee since its the right hip? At the moment my left leg feels and acts ok. I plan on filing for an increase because the depression has gotten worse for sure and now my hip and knee are really hurting! So what do you all think, please help its driving me crazy. Thanks All!

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If your depressive disorder is not being taken care of everything is going to bother you. 40% rating for depression sounds weird to me. The VA usually rates it 10%,30%,50%,70% and finally 100%. If you have chronic pain related to your service that is going to aggravate you depression and that's for sure. If you have not brought up the workers compensation stuff I would never mention it at all. If you have work related injuries that complicates your sevice connected stuff no end. I have been there with that. When you ask to have the hip SC'ed you might ask for an increase in your depression rating. What kinds of meds do you take for depression? If your goal is to get TDIU or 100% the depression is probably going to get you there the fastest. If you see unemployment in your future it is good to work on these service connected things while you are still able to work.

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Please help...these are my service connections....20%Right Knee w/ degenerative artritis, 10% Tinnutis, 10% Left Shoulder Chronic Bursitis, 10% Depressive Disorder...currently at 40%....fast forward about 16 mos or so since my last review. My hip started bothering me about 15 months ago or so and has progressively gotten worse....I did suffer a groin strain when I slipped on the ice, knee gave way and down I went...result groin strain out of work for 30 days or so and got a 3% rating from Workmens Compensation back winter of 2007-2008. When I had the review(va) I had healed from the strain and didnt mention it. Now I just had a right hip MRI which revealed fracture/ligamanet damage/severe osteoartritis and osteoporosis I thought she said along with bone marrow swelling and a lot of fluid build up, my hip is in agony and not walking well at all. The depressive disorder is also worse because of my health, unavailability to work most paying good jobs, though I currently am a Counselor within a prison, but wished I could go to the coal mines or gas drilling rigs "big bucs" to better support my family! So I'm thinking that with the no sleep, missing work (1-2 days per month) and absolutely little to no social interaction (not interested have become recluse basically) I should/might get an increase for the depressive disorder. The hip thing could be a few different things actually. First of all the damn thing never bothered me until the past year or so...I feel the osteoarthritis was building/wearing until the joint became unstable and hence all the problems. I also fell while climbing rope in AASLT SCHOOL but the record does not mention my black and blue hip, but does other stuff. I'm thinking its possibly a myriad of issues. The knee caused me to walk on the inside line of my feet, shoes show proof, thus resulting in an slightly abnormal gait, not very noticable but certainly possibly damaging thus resulting in a slight misalignment of the hip, resulting in abnormal wear/osteoarthritis. The osteoarthritis eventually got bad now I need total hip replacement. Then again the weakened knee might have caused me to slip lose my balance and fall on that hip thus resulting in the hip groin strain. The strain weakened the joint and allowed the hip to mistrack. My original doc said I was likely to develop hip problems after the strain incident (I have requested all my private records) ad just recieved my CFILE. Within the CFILE there is mention of osteoarthritis a few times in the knee and back...I'm a mess seriously...please help if ya'all can! Butch

Butch,

Sorry I can't help.

The post is so long and there are no breaks or spacing between all of it

and for me it just all runs together, so it makes it difficult for me to stick with it.

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If your depressive disorder is not being taken care of everything is going to bother you. 40% rating for depression sounds weird to me. The VA usually rates it 10%,30%,50%,70% and finally 100%. If you have chronic pain related to your service that is going to aggravate you depression and that's for sure. If you have not brought up the workers compensation stuff I would never mention it at all. If you have work related injuries that complicates your sevice connected stuff no end. I have been there with that. When you ask to have the hip SC'ed you might ask for an increase in your depression rating. What kinds of meds do you take for depression? If your goal is to get TDIU or 100% the depression is probably going to get you there the fastest. If you see unemployment in your future it is good to work on these service connected things while you are still able to work.

Sorry I have the following SC 20% right knee with degenerative arthritis, 10% depressive disorder, 10% chronic left shoulder bursitis, 10% tinnutis, Currently am being told by private Doc that I will have to have right hip replacement. severely depressed about it all, chronic pain hip...knees ....lower back. Cant sleep very well. Thinking I may have Fibormyalgia but thats just a guess based upon symtoms. Trying to figure out the best approach to it all! Butch

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Here is the beef of my issue. I have a very very bad right hip. My recent MRI results were; fracture, severe osteoarthritis, I think the nurse also said severe osteoporosis, ligament damage severe, and bone marrow swelling. They said I would definetly need right hip replacement surgery very soon! This hip is the right one same as my service connected right knee at 20% with degenerative arthritis.

I know a lot of people say, well its usually your opposite side from your service connection that ends up with secondary issues. My thought is that due to the way I walk stand etc etc has caused these problems. I happened to look at my shoes and its very evident that I walk more on the outside edges. My right shoe definetly shows a lot more wear to the outside edge than the left one.

Since osteoarthritis allegedly doesn't jump around like Rhuematory arthritis then this must have caused by trauma/stress. I did suffer a nasty fall while climbing rope in AASLT school. However when I went to the clinic it mentions my arm, shoulder and bad right thigh bruise but no mention of my hip contusion. So the osteo had to develop from some point?!

The damn point is that I know this is a secondary connection its just a matter of putting it together correctly. I also am rated for 10% depressive disorder which has certainly gotten worse i.e., not sleeping well, have averaged missing work 1/2 days per month (non social), dont go anywhere where there are large gatherings of folks so on and so forth.

There is mention from my last VA C/P Exam of; osteophytes in the lumbar region in my back ad right knee. My SC right knee has also now become very painful but I hear thats common with hip issues? My PTSD screen says basically is PTSD present? YES with a GAF of 75.

I just don't know how I should now proceed, any advice would be appreciated! Butch

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The damn point is that I know this is a secondary connection its just a matter of putting it together correctly. I also am rated for 10% depressive disorder which has certainly gotten worse i.e., not sleeping well, have averaged missing work 1/2 days per month (non social), dont go anywhere where there are large gatherings of folks so on and so forth.

There is mention from my last VA C/P Exam of; osteophytes in the lumbar region in my back ad right knee. My SC right knee has also now become very painful but I hear thats common with hip issues? My PTSD screen says basically is PTSD present? YES with a GAF of 75.

I just don't know how I should now proceed, any advice would be appreciated! Butch

You'll need a doc to diagnose the secondary disability and provide a nexus relating

it to an already SC'd disability.

You might want to go over your rating decision/s that granted what you already have

rated - it should tell you what is needed to be evaluated at a higher level -

compare this to any new medical evidence you have that may support the warrant of an increase.

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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)
      • 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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