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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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  • VA Watchdog

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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.
      • 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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Teac

Ilp

Question

I received a phone call on 30 Jan from the San Antonio sub-office, of the Houston Regional Office. I was informed that they will approve an ILP for me. She went on to say that they must wait until they receive my Vocational rehabilation file from Georgia, before they can actually put anything in writing.

I already had one period of ILP in 2000 when the va paid for a e-machine computer and printer, and three intro to computer classes. I lived in NC back then. When I lived in Killeen Texas in 2005 I requested another period of ILP due to worsing medical issues and I was approved for a new ILP. Before my ILP was drafted and put in writing I moved to Augusta Georgia were for almost two years the va made all kinds of promises, but never deliverd any plain in writing, and I never received anything. The va indicated that I refused further counseling so they terminated the program... I answered how do you terminate something that was never put in writing...

So Now it looks like I will get a new program.. I am excited... but I requested the ILp on a whim after reading about Pete's ILP.

My needs have changed a lot since 2005 when I first wanted an ILP... Now I am not sure about what I should ask for .

I know the program is to help me become more independant in daily living.. but.. what does that really mean... considering I am on oxygen 24/7 and in a wheelchair due to a spinal and leg injury.

I would enjoy woodworking and I just had a new 10x12 shed built to use as a shop. I do need some new tools but I wonder if they will provide them or if they will say that the ILP if for something I have never done... Or will they deny something like woodworking because I am on oxygen.

I also wonder if they will provide a service dog, ( in 2005 the counselor in georgia said no dogs).

Does anyone have any Ideas as to how I can benefit from the program, or what I could ask for? I want to be prepared when I have my first meeting with the va counselor....

Wow, I have so may questions I don't know were to start.....

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Today I received some of the items the va purchased. Most of them look like cheap chinese made knock offs.. I check ebay out as well as the distributor that I received the items from for the actual value.. No way of knowing how much the va paid for this junk because they buy in bulk.On ebay the items are dirt cheap. a $185. pedal exercisor sells on ebay for $50. the other stuff sells for $20-$30. Anyway don't want to seem ungrateful but I really hate i when money is wasted on useless junk... I talked to the counselor again today and she told me if I didn't want them to put them in the trash, because the va can't return items. I am sickened by the whole process..... and I am starting to wish I had never asked for the program.

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I met with the Occupational Therapist on Monday, and this morning I received a call from the ILP counselor. She stated that since the OT said that I did not need bars on my bathtub or other necessities to move around with, there was nothing that ILP could do for me. She says that she KNOWS that I have mentioned hobbies in the previous meeting, but they just don't do that per Nashville. She then told me she was closing my case.

I have called Ruth Fanning's office and am awaiting a call back. The Memphis VA ILP Voc-Rehab office seems to think that it can ignore VAOPGCPREC 34-97 completely. This may work with some veterans, but I am willing to fight the VA.

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First they will tell you there is nothing they can do for you. Then they will drag it out. The safety bars are not even their department.

ILP gave me tempurpedic beds and coordinated remodel with HISA Grant for walk in shower. I know that ILP program can do a lot of stuff they won't admit too. I hope that you are talking to someone at a higher level.

Not only that even I can go back later for more if I can show a medical need.

The real idea of ILP is to keep a Veteran in their home and independent.

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I have already received my termination of any action on my claim for ILP. I received the letter today. Basically it states that it was stopped because I was not interested in receiving the items that the Occupational Therapist recommended. In a hand written note it says sorry I couldn't get what you wanted. Of course the first thing she told me is she can't get anything I requested. She didn't even try.

I am going to appeal this decision all the way to the court of veteran appeals if I need to. I am so tired of lazy government employees telling me what they cannot do, instead of what they can do....

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Watch your deadlines you only have 30 days to appeal the ILP decision. If it were me I would ask for a hearing just to be double safe.

I don't know for sure but it is possible that your only appeal is straight to BVA. Please double check on deadlines.

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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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