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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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    • 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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chaingang11b

C&p Exam Rumors

Question

I will try to make this short. I applied for benefits over 3 years ago and never got an exam date. Then a sudden denial of disability because I missed my exam. I am currently waiting for a new exam date a gentlemen that works with the VA is helping me get this C&P Exam.

I was blown up by a Vehicle IED, and have documentation and sworn statements.

Small arms fire, etc. I have a combat infantrymans badge obviously also.

I am incredibly nervous about this exam, and I really think that nothing good ever happens to me and I will be denied.

I just want to know how to answer certain questions. I do think about suicide often but do I tell them that? I dont want to be admitted.

MY childhood, it is to my understanding that you say something like "My childhood has nothing to do with this, if you want to ask me questions about my military service, fine but were not here to talk about my childhood" Is this the best way to approach this?

Many have told me I have a good chance of getting a rating, but I know im going to screw something up. Please someone help me with some pointers. I am extremely paranoid and I simply cant talk with anyone about this, I just found this forum.

Thanks.

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I went to a C& P exam in oct , All I can tell you is don't be to stressed , the interviewer will ask the questions and you answer them . But if you ever don't want to talk about any particular question , don't be afraid to tell the interviewer you don't want to speak on the incident. They get really in-depth about some questions - i.e. Just make sure you tell them what bothers you and what slows you down as far as being able to function like we could before a combat operation. Hope that was helpful.

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I will try to make this short. I applied for benefits over 3 years ago and never got an exam date. Then a sudden denial of disability because I missed my exam. I am currently waiting for a new exam date a gentlemen that works with the VA is helping me get this C&P Exam.

I was blown up by a Vehicle IED, and have documentation and sworn statements.

Small arms fire, etc. I have a combat infantrymans badge obviously also.

I am incredibly nervous about this exam, and I really think that nothing good ever happens to me and I will be denied.

I just want to know how to answer certain questions. I do think about suicide often but do I tell them that? I dont want to be admitted.

MY childhood, it is to my understanding that you say something like "My childhood has nothing to do with this, if you want to ask me questions about my military service, fine but were not here to talk about my childhood" Is this the best way to approach this?

Many have told me I have a good chance of getting a rating, but I know im going to screw something up. Please someone help me with some pointers. I am extremely paranoid and I simply cant talk with anyone about this, I just found this forum.

Thanks.

Did they finish your claim yet? Just tell them you don't want to talk about your childhood , they won't pressure you about anything you don't wish to speak on . I don't know everything but I am 80% Sc. Ptsd-tennitus-migraines ect....

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Good point, ice. I was just thinking that it depends on the examiner: if they are using the DSM-IV axis-scales to determine results of the interviews, the history of the condition could drive a pre-existing condition. If they move to the DSM-V, the axis scales are now ranges on a relative continuum/spectrum. This could drive different results if the examinee falls on the spectrum prior to military service as well. I tend to be real cautious when describing past issues so as not to even hint of pre-existing conditions - unless of course that is the genesis of the issue being claimed.

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Good point, ice. I was just thinking that it depends on the examiner: if they are using the DSM-IV axis-scales to determine results of the interviews, the history of the condition could drive a pre-existing condition. If they move to the DSM-V, the axis scales are now ranges on a relative continuum/spectrum. This could drive different results if the examinee falls on the spectrum prior to military service as well. I tend to be real cautious when describing past issues so as not to even hint of pre-existing conditions - unless of course that is the genesis of the issue being claimed.

what the doc doing my exam told me was i had pre existing issues that became exaberated when i fell down 2 flights of stairs while on active duty.

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Ice

You were very fortunate in your doctor. Many would have said your condition was pre-existing and left it at that. You had a physical injury. I was thinking more in terms of those claiming PTSD or TBI. You don't want to say your father beat you, or you hit your head in football practice. The VA can twist this around to say your PTSD was pre-existing as was your TBI. Being honest and upstanding is good in church, but not at a VA C&P exam. You are in a game with the real devil when you file a claim for benefits with the VA. You give the VA a string to pull on and they will usually pull it.

I had a C&P exam in the 1980's where the exam doctor asked me if I ever argued with my mother? Did I ever get into a fight at school, and did I ever skip school. I said truthfully that I had done all three. I got a DX of sociopathic personality disorder. I was no criminal or sociopath, but the doctor twisted things to look as bad as possible because he had an outcome in mind. The outcome was to reduce benefits to vets. It did not work, but VA still drags up that exam at times.

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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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