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By SPO
I know I ask a lot of questions, but DAV and VA never want to give any answers. I have a virtual appeal hearing next month and I have 2 questions not related to each other.
1. If my claims are granted will the VARO use the existing C&P to implement the decision, or are new C&P's likely? for reference, when the hearing occurs it will be less than 1 year since the last exam.
2. Has anyone had recent experience in the timeframe after the hearing to get a decision?
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By Joey Ross
OK, I need some advice. I started a HLR in March 2020, and had a new C&P in August of 2020. VA has been waiting on records from JSRRC since then. By my MOS (11B1P), and awards (SWASM, etc.) , plus being in a combat zone and my C&P I'm uploading, should I file to have the VA process my claim with what they have, or wait for them to finish with the records request that could take God knows how long.
C&P exam.pdf
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By paoret82655
I received my decision letter today stating that they lowered my ptsd rating from 70 to 50. They also dropped anxiety and alcohol use. I'm currently pregnant and that is the only reason why I'm not hurting myself but it's only a matter of time before I fall into old habits. I'm doing my best to follow through on therapy with the VA but I don't think I'm getting the best care and I'm afraid once I give birth, I will lose everything like I have in the past because of my ptsd. I feel like the VA isn't listening to my fears and I will keep wash, rinsing, and repeating myself. I want to appeal but I honestly hate talking about my ptsd every single time. What should I do?
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By paoret82655
I applied for 100% unemployability on my own after my VSO did nothing to help with the process back in February 2021. I received my decision this month stating that I was denied and was also reduced from 70% to 50% for PTSD and depression. They removed anxiety and alcohol use. When I was asked questions during my C&P they kept asking me what happened within the last year, not what happened since the date of injury, which was 2013. I'm not sure how to approach this issue any further. I want to appeal but I want my entire case looked at because I feel that I've been unjustly reviewed. What should I do for 100% UI?
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Defense Bill Passage and Bladder Cancer
rebabevets posted a question in VA Disability Compensation Benefits Claims Research Forum,
I already get compensation for bladder cancer for Camp Lejeune Water issue, now that it is added to Agent Orange does it mean that the VA should pay me the difference between Camp Lejeune and 1992 when I retired from the Marine Corps or do I have to re-apply for it for Agent Orange, or will the VA look at at current cases already receiving bladder cancer compensation. I’m considered 100% Disabled Permanently-
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5,10, 20 Rule
Ddsr posted a question in VA Disability Compensation Benefits Claims Research Forum,
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.
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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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Post in New BVA Grants
broncovet posted an answer to a question,
While the BVA has some discretion here, often they "chop up claims". For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.
I hate that its that way. The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel. -
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Finally Won...NOW WHAT?
Ztmiller8 posted a question in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC,
Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!
My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.
Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!-
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Post in Higher level review
Joey Ross posted an answer to a question,
I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and nothing about stressor,Picked By
Joey Ross, -
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wilson17 0
Hello all. I retired from the Army this past February. I've been following this forum since I received my initial compensation letter from the VA in July. I've learned a lot here, but I'd like to throw out a few questions, as well as post a letter for your review.
I've been rated at 60%. (30% post hysterectomy, 30% PTSD, 10% right hip tendonitis, 10% thoracic spondylosis with scoliosis, and 10% tinnitus.) I also was SC at 0% for ten other conditions. The VA denied SC for eight more conditions.
I do not feel I need to appeal every condition denied, but I would like to appeal some of them, specifically the ones related to my chronic skin condition. Here are my questions:
1. How can the VA deny SC, when conditions are clearly diagnosed many times in my active duty medical record? Shouldn't I, at least, be given SC on these conditions with 0%?
2. I sent in a huge amount of my active duty military medical records (2 copier paper boxes full), with all diagnosed conditions highlighted. Does the case worker not even review these records?
3. The VA claimed they did not have the SS#s of my two daughters and could only pay me with one dependent (husband). So I immediately sent in a 21-4138 upon receipt of my rating decision, to include the missing SS#s and also to request reconsideration for one of the denied conditions (Coccydynia). The reason for the reconsideration on this particular condition, is because it was denied based on "The evidence does not show an event, disease or injury in service."... "Your service treatment records do not contain complaints, treatment, or diagnosis for this condition". The VA obviously missed this or it was not included in the evidence. I had a two page report from my active duty records that clearly diagnoses the injury, so I asked for reconsideration and attached a copy of the report. Was this the right thing to do?
4. I am considering appealing a chronic skin condition. The doctors throughout the years could never agree on a single diagnosis. It was called eczema, atopic dermatitis, neurodermatitis, contact dermatits, and simply rash. The VA denied all of those stated conditions, saying "The evidence does not show a current diagnosed disability." "While your service records reflect complaints, treatment or a diagnosis similar to that claimed, the medical evidence supports the conclusion that a persistent disability was not present in service." These skin outbreaks were documented at least 30 times in my active duty medical record. One other diagnosis for this skin condition was papular urticaria. The VA has deferred a decision on the papular urticara. The letter stated that they would be sending me to an additional C&P exam, but I never received an appointment time/place. On ebenefits, it says my claim is back in evaluation of evidence, so I'm assuming they are not going to send me to another exam after all. Should I go ahead and file an appeal on the conditions denied and have my doctor write a letter explaining that all the different diagnoses are referring to the same skin condition or should I wait for a decision on the one deferred condition? (I am having an outbreak now and am scheduled to see my PCP on Monday, at the time of my first C&P I was not having an outbreak, so the doctor had nothing to evaluate.)
5. The other thing I'd like to appeal is my rating for PTSD. They rated me at 30%, but I clearly meet the criteria for a 50% rating. Would I get a letter from my current therapist to support this? She is a licensed social worker and specializes in PTSD and EMDR treatment. What documentation should be included to support and help me win an appeal?
Sorry this was so long of a post. I hope some of you seasoned posters with lots of experience can give me some good answers on my specific issues. I dread the future fight with the VA, but I'm betting this forum will be an encouragment to keep going. Thanks in advance.
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