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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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Latest Compensation & Pension (C&P) Clinicians Guide as of 2020
marathonjon posted a question in Veterans Compensation & Pension Exams,
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-
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- 5 replies
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Tbird, -
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I don’t say thank you enough to all of you...
Tbird posted a question in VA Disability Compensation Benefits Claims Research Forum,
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.-
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- 3 replies
Picked By
Tbird, -
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Help HadIt.com stay online buy a subscription
Tbird posted a question in VA Disability Compensation Benefits Claims Research Forum,
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
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Tbird, -
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ASK VA your questions, TODAY
broncovet posted a question in VA Disability Compensation Benefits Claims Research Forum,
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.-
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- 8 replies
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Tbird, -
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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.
------
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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- 9 replies
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By Ztmiller8
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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By Lizette
I received my rating for PTSD in 2017. I recently got a call to schedule an evaluation for PTSD. I'm assuming they're checking to see if my symptoms have gotten any better. Is there anything I need and/or should do to prepare for this (ie documentation). I get so uncomfortable having to talk about things to a stranger.
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By MarineLCpl
At the end of June, I noticed a claim had been opened for my SC’d PTSD, currently rated at 70%.
Little background, I was rated at 70% for Major Depression back in 2010. I filed for TDIU and it was granted later that year. The VA re-examined the Major Depression in 2015. They changed my diagnosis to PTSD with Major Depression, but continued the 70% rating. IU remained intact.
Fast forward to present day, the VA decided to reevaluate the PTSD (just shy of 5 years since my last C&P). I attended an exam, it went well. Doc was nice and made me feel comfortable, which was a relief because I hate going to those things.
I received my packet yesterday with a decision. The C&P exam showed my symptoms had gotten worse, but not enough to warrant an increase. They continued my 70% rating and kept the IU intact.
Here’s what did change: it states that I now qualify for basic eligibility to Ch. 35 benefits due to my disability being considered permanent and total. I was under the impression that you needed to be rated 100% scheduler to qualify for this, but apparently they consider TDIU P&T equivalent to the 100% scheduler rating in this regard. I did not know this and thought TDIU simply “paid the same rate as 100%.”
There was no information regarding the need for future exams. In the past, there was always a closing sentence that stated I could be re-examined. Since they changed my status to P&T, does this negate the need for reexaminations in regards to the PTSD? Just not totally sure how this works. What I do understand is that if I opened a new claim or filed for an increase, a C&P would surely follow of course.
Here’s another area that makes me uneasy. I have held off on filing secondary claims related to the PTSD, such as ED and IBS. I’ve also considered filing for tinnitus. But something tells me that I may be asking for trouble if I do so. Some have told me that because I’ve been granted 100% TDIU P&T that I shouldn’t worry about filing new claims in hopes of reaching scheduler status. These opinions are mixed, some say go for it, others say “don’t push it.”
While they are valid claims, not sure what I should do. The only benefit I see to scheduler, aside from dental, is that I could “work” with no income barriers and not have to worry about risking my benefits if I make too much. Currently, the little work I do is hobby- based and only nets a few thousand dollars a year. I file taxes every year showing this income. BUT, I do have ambitions toward expanding this into a small operation someday to earn a little extra income for an IRA. Retirement is one of my biggest fears. But at the same time, I don’t expect to be making anything beyond marginal income in this lifetime, regardless of an expansion.
So much to think about...I suppose I should be grateful I’ve made it this far...I wish I could say my doubts, fears, etc have dwindled, but unfortunately, I feel no different. As we all know, the VA plays by their own rules after all.
I WOULD like to say thank you to all those that helped me reach this point. I try to help others on this site as a way of giving back. This community has been a godsend to me for many years.
God Bless,
MarineLCpl
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By Wise Guy
One of my friends been out the military for 6 years. However, he needs to file for MST. He doesn't have any evidence in his records (No police records, investigations, statements, or anything) of MST but to my knowledge, a bill was passed that says we no longer need evidence. I could be wrong so please correct me if I am. Here are my questions below:
1. Does he need buddy statements from friends he served with to get it connected to service?
2. Does he need to provide a name of the person that sexually assaulted him?
3. Does he need a phycologist nexus outside the VA of all his symptoms with the verbiage, "It is in my professional opinion that, his PTSD was caused by Military Sexual Trauma. Additionally, it is more likely than not that his PTSD, severe is connected to his time in service."
or
"After reviewing patients buddy statements and having 2 sessions with him, it is in my professional opinion that, it is more likely than not that his PTSD, severe was caused by Military Sexual Trauma. Additionally, it is in my professional opinion that, it is more likely than not that his PTSD, severe is connected to his time in service"?
If he does need a nexus, which verbiage above sounds better than the other or what sounds better in general? I want him to get this right the first time.
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By XIbodybag
Good morning hadit,
I have both ptsd and TBI and believe my diagnosed sleep apnea (mixed sleep apnea, with both central and obstructive sleep apnea) has been directly caused by my ptsd and TBI. I am not overweight, have no medical issues of the throat or the respiratory system that would cause it. My question to you all is if I want to file sleep apnea secondary to either of this conditions which one should i file it secondary to? I've found much more literature tying obstructive sleep apnea to ptsd but also found literature that ties both obstructive sleep apnea and central sleep apnea to brain injuries as well. Is it possible to file it secondary to both?
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Our picks
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Latest Compensation & Pension (C&P) Clinicians Guide as of 2020
marathonjon posted a question in Veterans Compensation & Pension Exams,
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
Picked By
Tbird, -
-
I don’t say thank you enough to all of you...
Tbird posted a question in VA Disability Compensation Benefits Claims Research Forum,
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.-
-
- 3 replies
Picked By
Tbird, -
-
Help HadIt.com stay online buy a subscription
Tbird posted a question in VA Disability Compensation Benefits Claims Research Forum,
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
Picked By
Tbird, -
-
ASK VA your questions, TODAY
broncovet posted a question in VA Disability Compensation Benefits Claims Research Forum,
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.-
-
- 8 replies
Picked By
Tbird, -
-
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.
------
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)-
-
- 9 replies
Picked By
Tbird, -
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I went in to see the DAV representative and he said even though I haven't been treated by the VA for PTSD that I should submit the disability claim for compensation. He then said I should visit the VA mental health center to get treatment and a confirmed diagnosis.
Should I have gone into the VA mental health clinic first? I'm going into the clinic for the first time today to start treatment. My symptoms have been getting worse and worse over the past year to the point that I can't take them anymore. I didn't know where to go first so I went in to the DAV. If I go into the VA Medical center now and they give me a confirmed PTSD diagnosis, will the VA still be able to use that diagnosis in my claim? Thank you for your help.
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