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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?
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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Commonly Claimed Disabilities
Tinnitus | PTS(D) | Lumbosacral Cervical Strain | Scars | Limitation of flexion, knee | Diabetes | Paralysis of Siatic Nerve | Limitation of motion, ankle | Degenerative Arthritis Spine | TBI – Traumatic Brain Injury
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By Irving
Can anyone speak generally, or from experience, on how TDIU claims are affected when the applicant resigned from their last job?
I am 70% SC for PTSD. While I am currently working now, my condition makes it impossible, and management understandably wants to fire me for cause. They cannot do it before the strong union "protecting" me drags things out for months on end. I don't want to go through any of that. If I just resign and leave the job am I sabotaging the TDIU claim I intend to file?
Any insight or advice is appreciated.
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By harry59
Hello all,
I'm hoping to get some advice from members in this forum that may have been in my shoes, or knows someone who has been. I have been retired 22 years now after 20 years of service. I currently have a VA rating of 70% for back issues and headaches. The 70% rating breaks down to 40% for lower back, 20% for upper, and 10% for headaches. It's been nearly 20 years since I've been back to the VA for a rating increase. My lower back is worse now, and about 6 years ago I ruptured a disk. I also lost my job this past October because my back issues limit my mobility so much. I plan on going back to the VA around October of this year to try for an increase. I'm waiting until October because that will be the 20 year mark of my VA rating. I have definite trust issues and I don't trust the VA, which is why I've waited so long. I wanted to make sure they couldn't take the rating I have away.
I've had ongoing mental issues for quite a while now. Upon doing some research, it seems I have many symptoms of PTSD. My wife and daughter are encouraging me to start seeing a psychologist. I have no problem with that, but one of my questions is: would be a good idea to ask the psychologists office upfront if they would provide a NEXUS letter if they feel I do have PTSD related to my military service? My daughter advises me not to do that and to take the chance that they will supply one. Maybe I'm wrong, but I feel it's better to see a psychologist that I know will supply a letter. I feel a NEXUS letter carries a lot of weight, and it's frustrating when specialists tell you that your condition is likely caused by your military service, but they won't supply a letter to back it up.
Another question concerns TDIU. I've been working in the maintenance field my entire life. As stated earlier, I was let go from my job because I could no longer effectively perform the duties due to my very limited mobility. Of course my employer gave me a letter that I was let go because they were "cutting back." I know they were protecting themselves because I was one of the more senior and experienced techs there. In any case, my second question is: should I file for TDIU as well as PTSD at the same time, as well as any secondary issues that I feel may be related? Or should I just file for one or the other?
All replies and advice is greatly appreciated. Thanks to all who took the time to read this.
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By Wandino22
Hey brothers and sisters so I just am towards the mid way point or end of my claim for ptsd. I received my letter in the mail saying that it is a duty to assist error and from what I am hearing its basically a reexamination. Although I have also read that the VA could just go with the evidence they have in my records, that being said on my letter it states i have a favorable findings and have been diagnosed with a disability. It states, " they failed to get clarification of an exam and medical opinion, as such will develop for an exam and medical opinion. Out of all this I know this has to be good news and wondering if there is anything that I need to look out for?
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By DSIG
I'm not sure where to post this because it's not MST but is about sexual trauma and is also a sensitive topic. This article details a study that was conducted on Veterans who have PTSD and also exhibit sexual risk behavior https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4684959/
PTSD can result in high risk behavior such as promiscuity. I'm service connected for PTSD and was sexually assaulted after I was discharged from the military. I was service-connected rated for PTSD at 70% in 2012. The sexual assault happened in 2017. I recently filed for a PTSD increase. In my DBQ and nexus letter, my treating physician of 11 years talked about my high risk behavior broadly but also documented the sexual assault to show the relationship between high risk behavior and sexual assault. I also told the C&P examiner that I felt that my promiscuity resulted in the sexual assault.
Again, not sure if this is the right forum. I wanted to ask how the VA may perceive this relationship and do they look at claims seriously that document sexual assault. Has anyone experienced this or is aware of any documented cases. Unfortunately, high risk sexual behavior in veterans who have PTSD is alarmingly an issue and uncomfortable to admit and also to discuss.
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By DSIG
If you have dominantly social impairment from PTSD and there is enough evidence of this and this has worsened, can this alone get you to 100% P&T from 70%. Do you also have to demonstrate work impairment? I'm asking how the VA views 'total impairment.' Do you have to have both social and work impairment or can social impairment suffice? Do they look at how long you have been previously rated in making their decision? I am waiting for a decision letter for a PTSD increase claim that closed last week. The claim includes my private therapist's nexus letter and DBQ where he specifies language of "more likely than not to be permanent in nature". He also provided a long list of session dates that I have had with him since 2009. I have been in continuous therapy with him for 11 years. My original rating was 50% in 2010 but the VA called me back for a re-evaluation on their own (not at my request) in 2012 which resulted in a rating increase to 70%.
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Defense Bill Passage and Bladder Cancer
rebabevets posted a question in VA Disability Compensation Benefits Claims Research Forum,
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-
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5,10, 20 Rule
Ddsr posted a question in VA Disability Compensation Benefits Claims Research Forum,
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.
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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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- 53 replies
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Post in New BVA Grants
broncovet posted an answer to a question,
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.
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Finally Won...NOW WHAT?
Ztmiller8 posted a question in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC,
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!-
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- 13 replies
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Post in Higher level review
Joey Ross posted an answer to a question,
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,
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Chris16365 0
My advance apologies if this is not the correct forum for my question, as I could not identify the perfect forum title for this type of inquiry. My question is that I have 14 years total active duty time (USMC) broken up over the last 25 years. I last left active duty in 2011 at age 40. I wont bore anyone with the reasons as to why I would leave with only needing six more years to a pension, but it has to do with my wife being in a different branch (Army LtCol) and our two branches no longer being able to work together and "co-assign" us to a location where we can both serve. Army and Marines together is about Wash DC and Hawaii only (places where we could both go). Her being an Army doctor, it was decided I would get out as we have two young daughters.
We are now moving north (NY) as the wife has finished her obligation, I have been looking into possibly serving those six more years I need in either the Reserves or Air National Guard. Im currently 43, but from what I understand I can subtract my 14 years active from my age, thus Im magically 29?
But my real question is this, upon getting out of the Corps, I got a total of 40% disability rating from the VA. 30% for PTSD, and 10% for an elbow surgery I had on active duty. Can anyone lend some advice or input as to my best angle of attack? Im reading some stuff online that says I need to contact the VA and have them cancel my payments (roughly $1100 monthly), Im seeing other stuff that says I need to ask the VA to drop me down to 30% to gain eligibility into the Reserves or ANG, and lastly tonight I read something that said I can serve in the NG, ANG or Reserves with a VA rating, but I would need to subtract my VA payments from the number of days I serve on weekend drills etc. so as to not be "double dipping". Seems I cant find a straight answer, but I have to assume some fellow vets have tried or looked into this and have the same situation as me. The smart thing to do would have been to join the Marine Corps Reserves when I was separating in 2011, as it was offered to me, but of course I was stupid and declined.
Any and all input from someone truly "knowledgeable" in this area would be greatly appreciated. As for asking a recruiter, amazingly I have been unable to get one to call me back in over a week, guess they are all "making mission this month".
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