Jump to content

  • veteranscrisisline-badge-chat-1.gif

  • Fund HadIt.com

    $4,468.00 of $1,500.00 Donate Now
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims


    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 ...
    Continue Reading
  • Most Common VA Disabilities Claimed for Compensation:   


  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    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

  • 0

Confusion99% - New Member Needing Help



I just returned from the Veterans Assistance office on base after receiving my decision on claims filed 2 yrs ago. My reason to visit was to discuss filing for IU. I brought with me a copy of a Buddy letter/previous boss stating why I was terminated and described problems I was having at work because of my SC disabilities. I also brought sample letters I was going to have my 3 doctors fill out each speaking of my SC disabilites describing how it is not adviseable for me to work. I also had copies of additional evidence showing how one of my disabilities was under rated.

The individual I was talking to confirmed I had a 60% rating for IHD. I said yes, he looked at the rating decision I handed him. He then told me just file the form 21-8940. He also discouraged me to include ANY OTHER EVIDENCE. He just said "keep it simple". The fact that I had a 60% rating for one problem (IHD) and a total of 80%....that should do it. All this sounds like "misinformation" to me. He just said well if they deny it, then you submit all that stuff in the appeal....Seems like everyone I talk to says to submit bare minimum and then wait for denial and appeal.

My logic.....Send DBQ and letter from Specialist MD who treats me. Precludes them from sending a request for same type info to the Doc. Write a letter myself explaining why I feel my SC disabilites make me unemployable, giving examples of problems with the three problems I cited. (IHD, DMII and Diabetic Neuropathy)...Letter from my former boss (since my company 90% chance will not answer VA request about past employment 5yrs ago). stating problems I had at work and reasons for mutually agreed upon termination.

Now which of us is right. Form only...or form with as much evidence I know they want included with package.....I still don't know what to do.

Any advice and reasons behind it would be greatly appreciated...as I would like to get this filed this week.

Link to comment
Share on other sites

  • Answers 9
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

  • Moderator

I agree with you. I had a VSO, when my father in law applied for pension, tell me not to bother with medical expenses. I stupidly beleived him. In his case his income was about 14,000 per year, but he spent 10,000 on medical expenses, as he was ill with cancer. So, by not filing med expenses he was denied as his income was above the "poverty level", but it would not have been had he deducted medical expenses.

Yours is similar. By your VSO telling you not to bother with relevant evidence, he wants to make sure your claim is denied, so he can then appeal it. Its job security for VSO's by giving you erroneous information, and then you have to appeal.

Always send relevent evidence. NOTHING is simple with the VA. If it is a "simple" claim, they will figure out how to complicate and delay you.

Link to comment
Share on other sites

  • Admin

Actually you currently meet the requirement for IU per percentages. Your issue is to prove unability to work.

Employers wont cut it. They may help but you need an IMO from a Doctor stating why your disabilties keep you from working. They dont need a total they just need a reasonable picture of you. For example this veteran may be able to do some activities but over the course of an 8 hour day it would be impossible.


Link to comment
Share on other sites

  • Moderator

The VA published an "information" piece, explaining that, just becase you met the schedular criteria for IU, does not automatically mean you get IU. You still have to prove you are unemployable due to SC conditions. To do that, you need a doctors statement (nexus) explaining how your service connected conditions prevent substantial gainfull employment. You also need to demonstrate that you are not working. To suggest that you should not send evidence that you meet the criteria for IU is nuts. Absolutely nuts.

It isnt enough to be unemployed. You have to be unemployable. If you are collecting unemployment, in most states, you have to testify to the effect, "I am ready willing and ABLE to work". This is in conflict with IU criteria, which says you are UNable to work, due to SC conditions.

Edited by broncovet
Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Ads

  • Ads

  • Ads

  • Our picks

    • 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 
      • 17 replies
    • 5,10, 20 Rule
      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)
        • Like
      • 53 replies
    • Post in New BVA Grants
      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.  
        • Like
    • 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!
        • Like
      • 18 replies
    • 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,
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
  • Create New...

Important Information

{terms] and Guidelines