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  • 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 ...
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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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Success With Social Security...1 Down, 1 To Go!

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Thank you MO3, I hope that it will help as well.... I tried to get my lawyers to do an On the Record Review but they felt like because of my age, it may not have succeeded. I'm just thankful to God that it is over and it was a fully favorable decision. Good Luck to you. I'm praying that the VA will fall in line soon!!


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SSI back payments get paid in installments, SSD is normally paid all at once and the lawyer gets the max payout so do not count on getting more checks than the first one look at the amount, do rough math 3 years at 2,000 close to 75,000 take out lawyer fees high 60,000 to you, if it is coming in payouts the check will come in about 15-19,000 to you so you should be able to tell quickly when you see the amount, but the award letter should spell it out for you.

Save some for rainy days, unless you hit the lottery you will not see a large check again, spend wisely congrats

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Thanks Testvet,

A social security rep actually explained that very thing to me yesterday. She told me that I would receive a lump sum because it was SSD, but my lawyer is saying that it will only go back to 2011 because my last application was 4/2012. I'm going to wait to see what social security says. They should be able to see the archived application from 1/2010. I will update you all when I finally receive the letter from social security. I definitely plan on saving for rainy days!!



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Hello all,

Just wanted to give you an update, checked social security online for benefit letter last night and there it was!! One-time payment dated 9/6/13 for $32,902.00!! My lawyers fees of $6000.00 have already been subtracted. I was informed by my lawyer that the judge did consider the 1st application date but because I did not submit all of my treating physician's names and medical information the application was never processed, therefore the only way to have it considered is to go thru the appeal's council. I am find with the April 1, 2011 date and I can take my children's birth certificates in and get back pay for them as well which would be about an extra $20,000. I am so thankful to God that this part of the fight is officially over!!

As far as my VA case, I received an email from Pandi Van Houten, the Waco RO Service Center Manager on yesterday. She was wanting me to contact my AMVETS representative ASAP to clarify my intent regarding a NOD to grant service connection or to request a reconsideration based on new and material evidence. I haven't been able to contact a Rep, because I didn't choose one, they just assigned me to AMVETS based on my original claim in 1994!! Anyway, I check Ebenefits this morning and it shows that I have a claim Pending Decision Approval for an Administrative Review Claim and my reopened claim was closed today!! I'm praying that this is good news, God is so Good!!


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WOW!!!! Ain't God good!

Edited by Motherof3

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    • Rating "Protections"
      The VA has several regulations governing various levels of "protection". The terms "permanent", "protection", and "total" are misnomers due to the various ways the VA has defined them.

      Here is some information on VA ratings protection (but the word "protection" has a different meaning to the VA). The exception to these rules is if they can prove fraud.

      5 years

      The key part to remember about the 5 year rule is found 3.327(a) indicating that these are guidelines which are not necessarily set in stone. The key takeaway for most veterans is reduction should not occur if there has not been material improvement over 5+ years or if the veteran is over the age of 55.


      10 years

      In brief, ratings in effect for 10 years cannot have service connection severed.


      20 years

      In brief, a disability rated for 20 years cannot be reduced below the lowest rating percentage it has held for the previous 20 years.








      Disclaimer: I am not a legal expert, so use at own risk and/or consult a professional representative. The VA updates their regulations from time to time, so this information may become outdated.
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    • Everything Veterans Affairs does with your service connected disability compensation claim, is governed by law. You may want to bookmark this page as a reference as you proceed with your claim.

      It can be a bit daunting. Just remember the U.S.C. is the law, the C.F.R. is how they interpret the law and last but certainly not least is the V.A. adjudication manuals that is how they apply the law. The section of the law that covers the veterans benefits is Title 38 in the U.S.C. in the C.F.R. is usually written 38 C.F.R. or something similar.

      It's helpful to understand how statutes, regulations, and VA directives such as the VA’s Adjudication Procedures Manual, the M21-1MR (Manual M21-1MR.) are related. Of these three sources of law, the statute, written by Congress, is the highest form. The statute that governs veterans’ benefits is found in Title 38 of the United States Code (U.S.C.). The VA writes regulations to carry out the laws written by Congress; these are found in Title 38 of the Code of Federal Regulations (C.F.R.). The VA’s internal instructions for adjudicating claims are contained in the Manual M21-1MR. VA regulations may not conflict with any statute; the manual’s provisions may not conflict with either statute or regulations. If they do, the Court has the power to invalidate them.


      U.S.C. United States Code United States Code is the law and the U.S.C. is the governments official copy of the code.

      U.S.C.A. United States Code Annotated U.S.C.A. contain everything that is printed in the official U.S. Code but also include annotations to case law relevant to the particular statute.

      C.F.R. Code of Federal Regulations The C.F.R. is the interpretation of the law

      VA M-21 Compensation and Pension Manual

      VA M-21-4 C & P Procedures

      VA M28-3 Vocational Rehabilitation

      VA M29-1 VBA Insurance Manual
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    • I was unable to find a reply box to your post.

      We have a full Agent Orange forum here.

      Many veterans (and even their survivors) have succeeded in getting a disability, not on the presumptive list, service connected due to their proven exposure to AO.

      Also Secretary Wilkie is considering a few new presumptives, but we have no idea if  he will even add any to the list.

      I wrote to him making a strong argument, as  to the potential for HBP to be added, as well as ischemic stroke and have prepared a personal claim based on the same report a veteran used at the BVA, who also had a strong IMO/IME, and the BVA recently granted his HBP as due to his exposure to AO in Vietnam.

      Most veterans with HBP were deemed as having "essential" - a medical term for no know cause- now we have a cause in Vietnam veterans---AO caused it.


      The report is here:


      On page 8 they found there is "Sufficient" evidence that AO caused HBP in Vietnam veterans.

      The BVA case and this report is also searchable in our AO forum.



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