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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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    • Wonderful news way to hang in. I hope this gives you some well deserved peace. 
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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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CCC

A Chemical Makeup Question

Question

Relatively new to my research here - only been doing this for about a year. I do have a question. If it sounds silly, please forgive me.

If one were doing research on certain Superfund sites, and found 2,4-D and 2,4,5-T on that particular site, would it be safe to assume that Agent Orange had been used at this site? Seeing as how 2,4-D and 2,4,5-T are the chemicals that make up Agent Orange?

Thanks in advance. :)

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I was stationed in NYC on Govoners Island while in the coast Guard. I was all over NY Harbor, had to jump in that nasty bay to save people trying to kill themselves (jumpers from bridges) and worked bouys while on a ship. I recently found out about the Diamond Alkali site, also GE dumped PCPs into Hudson, and at the time NY was only reclaiming -40% of their sewage. All my issues can be traced to these two toxins. I'm using reports from EPA and Riverkeepers to show that there are still toxins in the water. I was there from 1986-1990. Do you think I need nexus letter still? Had my C&p exam 2 days ago and it went well, everything was well documented

 

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2,4-Dichlorophenoxyacetic acid (usually referred to by its abbreviation, 2,4-D) is a common systemic pesticide / herbicide used in the control of broadleaf weeds.

2,4,5-Trichlorophenoxyacetic acid (2,4,5-T), a synthetic auxin, is a chlorophenoxy acetic acid herbicide used to defoliate broad-leafed plants

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2,4-Dichlorophenoxyacetic acid (usually referred to by its abbreviation, 2,4-D) is a common systemic pesticide / herbicide used in the control of broadleaf weeds.

2,4,5-Trichlorophenoxyacetic acid (2,4,5-T), a synthetic auxin, is a chlorophenoxy acetic acid herbicide used to defoliate broad-leafed plants

Right, but a combination of equal parts of both is what makes up AO.

Would it be safe to assume that this was the case, or just assume that they used both, but not together?

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There have only been 3 or 4 CONUS AO awards that I know of- one due to exposure at Fort Gordon (James Cripps award)

and 2 or possibly 3 due to exposure to AO at Fort McClelland. I posted those awards info here,available under a search.

I need to make a point here.

All CONUS AO awards and those awards to Thailand vets as well as 2 or 3 Okinawa AO vets (info all searchable here) regarded veterans who not only proved direct exposure to AO but also had presumptive disabilities.

Do you have a presumptive AO disability?

“If one were doing research on certain Superfund sites, and found 2,4-D and 2,4,5-T on that particular site, would it be safe to assume that Agent Orange had been used at this site? Seeing as how 2,4-D and 2,4,5-T are the chemicals that make up Agent Orange?”

This link has the entire Superfund Data Matrix ,that is updated up to March 2012

http://www.epa.gov/superfund/sites/npl/hrsres/tools/scdm.htm

AO has been the most important veteran's issue of my life since the original AO settlement fund in 1984 and my husband ,his best friend -both AO vets -Vietnam- and I, did as much research as we could when the news of the lawsuit against Dow and Monsanto came out. I still do research on AO.

In my opinion, it would not be “safe to assume that Agent Orange had been used at this site.”

VA doesn't care one hoot about Superfund sites or the chemical properties of dioxin.

You need to prove Agent Orange was used where you served and that your MOS directly exposed you to it, and that you have a presumptive AO disability.

Jim Cripps did an SVR show available here:

http://www.hadit.com/svr.html October 20,2012 with Jerrel Cook and John Basser.

I interviewed James for a radio show I did with another web site too. I was impressed with the considerable amount of research he did to prove AO was used at Fort Gordon and that his MOS exposed him to it. He has more than one AO presumptive disability. Jim went back to Fort Gordon many times to do research and presented VA with a claim that was highly probative and fully supported by evidence .(They did deny it many times but finally awarded it)He also had an IMO from a doctor who could find no other etiology for his chloracne but for AO. (Chloracne AO claims are almost impossible to win)

We have BVA decisions here on these CONUS AO awards and considerable other info on AO.

I assume you do have a condition on the AO presumptive list and I do not intend to discourage you in any way. I just want you to know how difficult this type of claim is, to succeed in.

But Nothing is impossible.

Have you attempted to get any buddy statements from anyone in your unit who might have sprayed the AO?

Was it sprayed on the perimeter? That is the obvious place they used it in locales outside of Vietnam.

How did your MOS put you on the perimeter? Is that supported by your 201 file?

Do you have any dated photos of the base that showed bare areas that should have had grass or weeds on them,near the perimeters?

Any photos of the distinct looking AO barrels?

Do you remember how the AO looked and smelled when it was used?

Was it mixed with anything else?

I assume this spraying was all done using a Hayes dispenser. Did you ever have duties involved in cleaning the Hayes dispensers or in moving and /or storing the AO barrels?

Would anyone else in your unit recall any of the above?

This type of evidence is what VA needs- proof positive of AO used where you served, and proof positive of your exposure, and medical records that show you have an AO presumptive condition.

Lots of work but leg work on a claim can pay off. As many of us here would agree.

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He has Coronary Artery Disease (CAD), Diabetes Mellitus Type II and Ischemic heart disease. He was at Fort Gordon for MP training, and I don't know how long one would need to be in contact with it to be affected by it. The 2 chemicals that make up AO that I mentioned were found at Seneca Army Depot. He remembers a guy coming around spraying, saying it was AO, but there is no documentation stating that AO was actually used there - only the chemicals that make it up. The old man was spraying the fence line, and Hubs was guarding special weapons in a bunker by the fence line. The fence line had to be clear of vegetation for security purposes. This was in the early 70s.

The others I will read to him and see what he has to say, and will post back. Thanks again, Berta.

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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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