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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.
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nanaeris

Lost/misplaced Claim

Question

I filed a CUE claim for myocarditis in the presumptive period which was denied in 1976 and I also filed an earlier effective date claim for osgood schlatter disease permanment aggravitated by service, which was also denied in 1976. Carla helped me with the CUE claim and others on this site helped me with the earlier effectived date claim. In July I received a 5103 waiver review that I uploaded thru eBenefits. The claim then just disappeared. The only thing I got on eBenefits was open claim information was not available at this time. The person on the 1-800 number stated I did not have an open claim but an appeal. The Iris response stated I did not have a claim but an appeal. The person that responded from the Waco Regional stated my appeal was in VACOL database and my 5103 waiver and CUE claim was in their MAP-D database as evidence for the appeal. I contacted my congressman, and the VA wrote his and said they found my CUE claim for a heart murmur. I wrote them the CUE claim was for myocarditis. They still refuse to put my claim on eBenefits or make it available for the 1-800 people. I know these two claim would include a lot of retro pay, do you think this is the reason Waco is trying to jerk me around with this CUE for a heart murmur which I did have while in the military? I still do not know why they remove the claim from eBenefits and the 1-800 number. This claim is now a 270 days old. When I uploaded the 5103 I let the people at Waco know the myocarditis was well within the presumptive period and I sent 2 MEB reports which clearly stated my knees was permermant aggraviated by military service. Any thoughts or ideas on how to handle something like this.

Thank you,

nanaeris

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4 answers to this question

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SAME thing happened to one of my claim,s just disappeared of e bennies, same ro waco, I think they may have outsourced my claim to nashville tennesee, and did not send them all of my information.

I would call the ebennies number back and ask them what ro is handling your claim,

waco sucks. they will try to change the name of your condition to deny your claim, they try to find congenital conditions to name them, to deny you, they are DIRTY , DIRTY , DIRTY,, thats what they did to me, on all of my conditions they wrongfully denied. They try to twist things around to deny you.

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you need to research the 38 cfr, and find out what is service connectable and what is not, chances are if they labeled it a heart murmer, its not ratable/ so the best thing to do is be generalized and say heart condition. medical records , and doctors label the ilness or disease. they will say u arent a doctor. research everything , you cannot trust them to do it accurately. if u reference medical records, put a date range. if u send in copies of medical records, put your claim number at the top and date each page.

also I would quit submitting thru ebenifits. I would get a VSO any will do and use them to file your claims and info., they recieve it from you, take it to the ro because they are in the same building, have them date stamp that they recieved it, then send u a letter confirming that.

dont play the """ the computer lost it game"""" with them.

Get u a big 3 ring binder and tab it, and file everything. it could be a long fight and if you are organized its alot easier.

Edited by 63SIERRA

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After I did a congressional inquiry, that when I got the e-mail from the Service center manager stating they had found my claim and sent the congressman a letter stating I had a CUE claim for a heart murmur. I wrote them and stated the claim was for myocarditis and aggravation for osgood schlatters and if the claim had been located why it wasn't back on eBenefits. They told me because the document had to be sent off to be scanned into VBMS. Has anyone ever sent an e-mail to these Field Operations offices that are suppose to oversee these VARO and got a response back? This is getting to be a headache dealing with WACO. I have had 3 denials from them and won all by going to congress to get Waco to just look at the evidence. I am right back to my congressman and explain in details I need exact answers and not some broad and general statement about what is going on. I am not going to give up on this even if I have to drive the 800 miles to Waco from El Paso. It just amazie me what the VA is allowed to get away with even when dealing with congress.

nanaeris.

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Geez, my VARO farted around with my SMC CUE claim for 8 years. But they never lost it, like they did with 2 of my my other claims.

One lost claim was my AO IHD death claim (in which I again referred to the CUE ,filed in 2004)

VA found the lost claim when I raised hell and sent it to the Nehmer AO people in Philly VARO.

First I got decision that was so erroneous I forced them to CUE themselves.

Then I got the proper Nehmer award and also the proper resolve of my CUE claim...within 3 weeks. I really raised hell on their first decision.

I have Cued that award again but ...in any event...... I do believe when VA sees what they now is a valid CUE claim, involving good sized retro, they will do all they can to stave off any proper decision on it.

My 2004 CUE claim was so simple a ten year old could understand it and how they broke their own regs ( 3 CUEs, in the same claim) and it was all on one sheet pf paper with the legal evidence attached and listed and copy of their erroneous decision from 1998.

8 years at one RO denied continually and 3 weeks at another....awarded

Same Claim, same evidence.....a lot is wrong with that picture.

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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)
      • 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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