Jump to content

Announcements



  • veteranscrisisline-badge-chat-1.gif

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    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
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • 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

  • Ads

  • Fundraising-001.jpegFund HadIt.com Veteran to Veteran LLC

    HadIt.com Veteran to Veteran Fundraiser
    Revenues are down, costs are up and I need your help. Financial gifts are always appreciated but never required. If HadIt.com has helped you and you can give back a little it is appreciated Give here https://community.hadit.com/donate/make-donation/

    Give a financial gift to help with the upkeep of HadIt.com. HadIt.com is NOT a non profit. Gifts are not tax deductible, they are just gifts. 

  • Our picks

    • This is the latest Compensation & Pension (C&P) Clinicians Guide dated 20180719. The only other one I've seen is dated 2002, including the one on this website and the VA website. I got this from my claims agent, who got it from the VA.

      VA Compensation & Pension (C&P) Clinicians Guide 2 Final Corrected 20180719.pdf
      • 5 replies
    • I don’t say thank you enough to all of you...
      You, yes you, are the reason HadIt.com has remained a resource-rich resource. Thousands come each month to read, ask questions, or to feel a sense of community.

      Last month June 2020, we over 50k visitors they viewed over 160k pages. Veterans and their advocates, spouses, children, and friends of veterans come looking for answers. Because we have posts dating back 15 years and articles on the home page, they usually can find an answer or at least get pointed in the right direction.

      You all made that possible. Thank you.
        • Like
      • 3 replies
    • Help HadIt.com stay online buy a subscription
      If you can afford it and want to help hadit.com consider buying a subscription this gives you as free viewing of the site and allows me to budget in subscription payments.
       

      You can try it for 1 month for $5 or get a monthly subscription or a yearly subscription.

      Subscribe here https://community.hadit.com/subscriptions/
      • 1 reply
    • VA has a special where we can ask questions TODAY, at 3:00 to "people that matter?"  Someone should ask why we can not ask them questions EVERY day, why today only? (This is a big problem with VA..the 800 number often does not give specific answers).  We should have people in VA who "solve Vets problems" like Allison Hickey did a few years ago. 
        • Like
      • 8 replies
    • 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
      • 9 replies
  • Advertisemnt

Sign in to follow this  
doogie

Got Me Some Got Me Some Got Me Some

Recommended Posts

Great!!!!!!!! Mean it!!!!!!!!!!

Share this post


Link to post
Share on other sites

Congrats

Share this post


Link to post
Share on other sites

Finally after all the years of agony pain and frustration i got a deposit today over six figures.

All i gotta do now is wait for the envelope telling me i got 100% P&T

I gave up one time but decided to fight to my last breath and low and behold won it all through a DRO conference hearing.

YIP-PEE.

Glad you FINALLY received proper adjudication of your claim issue/s.

IMO - it's always best to at least give a DRO Hearing a try and keep it local.

Be sure to access all additional benefits that you & your family might be

eligible for now, to include some life insurance for you with the premium waived

and any State benefits, etc . . .

Spend wisely as it will go quickly.

Tuck back several thousand as a nest egg.

Try not to let yourself spend impulsively.

Share this post


Link to post
Share on other sites

congratulations! Well Done Friend!!!

Share this post


Link to post
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.

Guest
Reply to this topic...

×   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.

Sign in to follow this  

  • Similar Content

    • By Vync
      My thanks go out to everyone here on hadit.com! In September 2019, I filed two CUE claims. One was granted and the other was denied, but will be appealed. 
      In 1995, I filed a claim for rhinitis/sinusitis (38 CFR 4.97 DC 6501/6522) and it was granted on appeal in 2000 due to aggravation of pre-existing disability. 30% was awarded, but it was reduced by 10% to 20% due to the C&P examiner's opinion: “OPINION: In my opinion, the veteran obviously had allergic problems before entering the service which got worse while he was in the service…” After fighting for five years, I was elated and took the VSO's advice not to rock the boat.
      In 2009, I found hadit.com and began educating myself. I always felt something was not quite right and began researching this issue. I was still worried about rocking the boat, but in 2019 I finally got the courage to move forward after having a heart attack and realizing life is short. I performed extensive research and filed the CUE claim in September 2019. Because of the ridiculously strict CUE rules, I was required to use laws in effect at the time the rating decision was made, which were found in old copies of the Federal Register. Another challenge was boiling it down to just the facts, removing emotional factors, and presenting the error from the perspective of a reasonable person (i.e. 8th grade reading level, if that).
      The VA failed to properly apply this pivotal law from 1961:
      Two key factors apply:
      1. VA must determine the level of disability existing at the time of entrance into active service
      2. If the VA cannot determine the level of disability existing at the time of entrance into active service in terms of the rating schedule, they are not allowed to reduce the rating.
       
      I then looked up the rating criteria in effect in 2000:
       
      My entrance exam was "normal". The C&P found polyps to justify the 30% rating. Can "normal" be ascertained in terms of the rating schedule? No.
       
      Other than including a copy of the evidence, relevant laws in effect at the time, and showing how the VA failed to follow the laws when making the decision, this summarizes the entire situation:
       
      After the VA received my CUE packet, it took them 127 days to complete the request. Six weeks were wasted by the VA requesting copies of relevant medical records from the VAMC, despite those records already being present in my claims file. Considering the fact that my claims file was partially scrambled and even contained other veterans documents, I kind of don't blame them for re-requesting the records so they have them contiguously. One week was wasted by someone at the VARO asking if a CUE needed to be submitted on a specific form (as of today, not required per M21-1).
       
      As for my other CUE, it was for TMJ and failing properly apply DeLuca and ROM laws. The rating decision contained even less detail than the original decision. In effect, they made the exact same error again, so I will be appealing.
    • By Rocketeer
      Long time reader of Hadit, first day member.  I signed up to spread the good news and pass along my thanks and appreciation to all of you (and ask a math question in another thread). I am very thankful to all those who have posted and replied.  This site and VBN gave me much information and inspiration as I worked thru my claims over the past 18 months.  On 30 Nov E-bennies showed all my claims and deferred issues have finally been closed and reflected on the letters you can download...100% P&T!!! .  Extremely thrilled and a bit in shock and disbelief.  
      I want to pass on my excitement and hopefully some inspiration to those who are trudging thru the VA disability claims process.  Keep at it!  Every diagnosis and condition you obtained as a result of your service is a testament to the sacrifices you made for this nation.  There are laws established to compensate you for that pound of flesh and mind you have given...be it in combat or back stateside in training, from stress, long hours, rough conditions, etc.  Don't ever feel guilty about your compensation or seeking compensation.  You earned it orders of magnitude more than anyone has ever 'earned' their mortgage deduction or welfare or food stamps.  Those are entitlements...VA disability is legally deserved indemnification benefit from our US Government employer for the workplace injuries we incurred.  It is only accessible to those who sacrificed in service to the nation.
      Yes the 'process' is a lot of red tape, but in my case the process MADE me seek the medical attention I needed to find out what was causing my issues so I would have the diagnosis to go with the symptoms for a proper claim.   The money is nice, but truly I am thankful to the VA for this process because it is a forcing function to actually seeking root cause and not accepting the 'just take some Motrin' party line that the military docs told me for 21 years (guess what Motrin/Aleve/NSAIDs make a Hiatal Hernia/GERD worse and it doesn't fix a torn meniscus in the knee nor a laberal tear in the hip!)  So don't forget that piece of this 'process'.  While you are working your claims, and determining your issues, you are actually taking control of your health.
      Bottom line: 100% P&T whoo-hoo!!  Thanks to all the posters for the information to keep me going.  To all those still in the fight, keep at it!
      God Bless You All, and God Bless America!
      Rocketeer
       
    • By ping jockey
      Greetings:
      I am grateful that one afternoon a few years ago, I Googled "I've had it with the VA". That simple "search" born out of utter frustration led me to "Hadit". And there it all started!
      As of two weeks ago, I'm rated 100% (long overdue). And, I am still NOT done with the VA.
      For those looking to do there own research I offer this process:
      Obtain your Military Service and Medical Records by mailing (certified, return receipt requested) an SF-180, found here: http://www.archives.gov/veterans/military-service-records/standard-form-180.html Obtain your full VA treatment records from the "release of information" window at the center you receive treatment at. Review the CD-rom (PDF file) for all CHRONIC medical conditions, treatments, and diagnosis - chronocity is critical! Identify the incident, event, or situation in service that "caused" this condition. If it's in your active duty medical records that's extremely valuable. If it manifest after service you'll need to find a way to "connect" it to service - the "nexus". Next search USC 38 part 4 for your CHRONIC DIAGNOSIS, found here: http://www.ecfr.gov/cgi-bin/text-idx?rgn=div5;node=38:1.0.1.1.5#_top Match up the conditions and rating percetnage to the CHRONIC diagosis in your medical records. Review the DBQ the C&P examiner "must" use to rate your current condition, found here: http://www.benefits.va.gov/compensation/dbq_ListByDBQFormName.asp Search for VA court cases on your condition(s) to understand how the VA Regional Offices is likey to "rule and rate" on your claim. HINT, the cases tell you what evidence actually supports a claim. For example, here's a search for Sleep Apnea secondary to chronic Sinuitis: https://www.google.com/?gws_rd=ssl#q=sleep+apnea+secondary+to+chronic+sinusitis Look for evidence in these cases that would support your claim, and THEN match and find your evidence - NEVER, EVER lie! Gather all your evidence, write up a Statement in Support of Claim, found here: https://www.google.com/?gws_rd=ssl#newwindow=1&q=va+"Statement+in+Support+of+Claim" and mail it certified return receipt requested. NUMBER every single page, make copies, and wait. Make someone sign for your mailed packaged - VA has NEVER lost my packages! Before you go to a C&P review your evidence and especially the questions the Dr. is going to ask from the DBQ. I usually hand write a list of the 6-7 items that supports my claim. I make sure the examiner see this. I'm so done with the VA, I walked into to my last C&P with my 4" binder and the Dr. undersood I knew what is going on. A C&P exam is a LEGAL MEEETING, not medical treatment. I submitted my last three claims in July and they were fully decided correctly in six months. Help the VA help YOU!
      And, most importantly, never, never, never, ever give up. Be relentless!
      Most grateful,
      PJ
      I got a request to see how I wrote Claims, so here they are:
      Hearing loss, Peripheral Vestibular Discorder, and Tinnunitis. Digestive disorder. Skin disorder. VA's 2015 Decision on these three Claims. 1 -STMT IN SUPPORT OF CLAIM - PERIPHERAL VEST DIS - PG-1- redacted.pdf
      2 -STMT IN SUPPORT OF CLAIM - PERIPHERAL VEST DIS - PG-2 - redacted.pdf
      3 - STMT IN SUPPORT OF CLAIM - PERIPHERAL VEST DIS FOLLOWED BY TINNITUS - PG-3 - redacted.pdf
      4 - DBQ WITH TINNITUS - HEARING LOSS & PERIPHERAL VEST DIS - AMENDMENTS_Redacted.pdf
      5 - C&P EXAMINER'S DBQ FOR EAR CONDITIONS.pdf
      6 - STMT SUPPORT CLAIM - RHIODS 2014 - redacted.pdf
      7 - DBQ FOR RHOIDS - FOR C&P.pdf
      8 - STMT SUPP CLAIM - ECZEMA 60% - PG 1-2.pdf
      9 -STMT SUPP CLAIM - ECZEMA 60% - PG 3.pdf
      10 -STMT SUPP CLAIM - ECZEMA 60% - PG 4.pdf
      2015 DX REDACTED FOR HADIT_Redacted.pdf
    • By Sgt. Wilky
      Hey all,
       I have been doing some reading in my spare time and while attempting to better myself in all areas of my life (certainly a constant struggle which I find I have little energy for-a lot) I happened upon a quote by William Hazlitt. When I read this quote, I immediately thought of my early years in my claim process when I was very ignorant of the processes that we must embrace and oftentimes overcome when dealing with the VA; and quite frankly, this would apply in pretty much every area of our lives:
      "The way to secure success is to be more anxious about obtaining than about deserving it."
      When I read this and applied it to my situation regarding my claims process, I came to realize that although I knew I deserved it (it still makes me squeamish to use that phrase), I still didn't understand the need for me to "set a fire" about obtaining the results that I needed. Back in 2008, I was under the impression that the VA would see my issues and grant and life would be merry. Obviously, most of you know, and I NOW know that was a very farcical way of thinking. 
      It wasn't until my first denial letter and reading through the fanciful footwork of the VA that I began to comprehend the battle I was going to be facing. Shortly thereafter, I found this website and can I say, "God bless T-bird and all of you" who contributed to my education in the ways of the VA.
      I found that I had to set aside my ideas of "deserving" it and had to become "...more anxious about obtaining..." the success of my claim. For many of us and myself included, being anxious meant that we had to become enraged and furious at the misapplication of the law that was so evident in many, if not most of our claims. But more importantly, if there was no other benefit, it caused me not to let my claim rest in the hands of the VA, or the VSOs, or to Hadit.com, or to chance; but rather to myself, and for me personally, to my Lord who knew that I truly was deserving. Sometimes, being anxious means we have to educate ourselves on the ins and outs of the processes. It also means asking for help which I am thankful that I did. The majority of my knowledge came from this group, dedicated to helping other veterans and their families out with experiences shared and utilized.
      I am the one, and you are the one, that only can secure the success of your claim. If the evidence is there, then it is up to me hand walk it threw the process. Don't leave it up to the VSO and obviously don't leave it up to the VA. Sure,  I may not like it, but I'm the one that has to gear up (yet again) for a fight. We can cry and clamor the day long about how it not to be that way, but it is. Looking back, had I not received the encouraging and profitable words here to keep up the fight, I'd have not carried on. 
      I guess I said all that to say that we use the resources that we have here on hadit.com, our VSOs, and even the VA, but it boils down to how willing and how hard am I going to fight to make sure that my claim sees success? And that's a question that we all have to ask on a personal basis. I could have claimed ignorance and thus, defeat. But if I had educated myself and fought and fought, and fought some more to the full extent and still lost, I'd have gone away with knowing that I had done my best. 
      And that, my friends, is what I deserve.
      Thanks for letting me post my little say!
      Semper Fi,
      Sgt. Wilky
    • By Sgt. Wilky
      Hey All!
       I received my Big, Brown, Dreaded envelope today and it was met with trepidation. I've had several issues whose claims had gone all the way back to July of 2008, and went to appeal in March of 2009. There they sat for years.
       I had my BVA hearing in Denver via teleconference with a VSO at the state level, and my wonderful wife on July 27, 2015 nearly seven years to the to the day of my original claims. The decision was reached on six claims and mailed to me on the 16th of October (which is less than three months from hearing to notification).
       I read that I had won three of my six claims at the BVA level, one remand (which in this case I think is good, I am supposed to get an SOC on how to increase from 0% to 20% and the judge it sounds like, believes I should be at 20% and not 0%),and two denials. One of my grants, it is for some back issues, which my rep said I should be rated for three separate issues. The other two issues, after nearly 7 1/2 years of fighting and waiting patiently, equal tens of thousands of dollars of back pay, which I think should come pretty much at any time, not including the pending back issues which are of the same original claim date.
      Just wanted to let everyone know, thanks for your words of encouragement! I was ready to shrug my shoulders and say, "screw it," but most of you said to keep at it and I did, and it paid off! I had to hound my PCP a little bit for evidence and I had to have patience, but those of us who have hung in there and come out victorious know what it means to have that awesome feeling in the pit of our stomachs!
       I still have some battle to fight, but I now have some renewed vigor to meet those challenges head on! Thank you to all for your service to our country and to those of here on these boards. I know I'm not very active, but I hope to be here a little more to offer some encouragement! Keep fighting, as you owe it to yourself, to your family, and to your fellow veterans to not let the VA get away with their shenanigans!
      Semper Fi,
      Sgt. Wilky
  • Ads

  • Our picks

    • This is the latest Compensation & Pension (C&P) Clinicians Guide dated 20180719. The only other one I've seen is dated 2002, including the one on this website and the VA website. I got this from my claims agent, who got it from the VA.

      VA Compensation & Pension (C&P) Clinicians Guide 2 Final Corrected 20180719.pdf
        • Thanks
        • Like
      • 5 replies
    • I don’t say thank you enough to all of you...
      You, yes you, are the reason HadIt.com has remained a resource-rich resource. Thousands come each month to read, ask questions, or to feel a sense of community.

      Last month June 2020, we over 50k visitors they viewed over 160k pages. Veterans and their advocates, spouses, children, and friends of veterans come looking for answers. Because we have posts dating back 15 years and articles on the home page, they usually can find an answer or at least get pointed in the right direction.

      You all made that possible. Thank you.
        • Like
      • 3 replies
    • Help HadIt.com stay online buy a subscription
      If you can afford it and want to help hadit.com consider buying a subscription this gives you as free viewing of the site and allows me to budget in subscription payments.
       

      You can try it for 1 month for $5 or get a monthly subscription or a yearly subscription.

      Subscribe here https://community.hadit.com/subscriptions/
      • 1 reply
    • VA has a special where we can ask questions TODAY, at 3:00 to "people that matter?"  Someone should ask why we can not ask them questions EVERY day, why today only? (This is a big problem with VA..the 800 number often does not give specific answers).  We should have people in VA who "solve Vets problems" like Allison Hickey did a few years ago. 
        • Like
      • 8 replies
    • 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
        • Like
      • 9 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines