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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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Slowlane

One Cancer On Appeal For Ao Now Another New Pops Up

Question

I have a one year old appeal going for a head & neck cancer agent orange connected.

Now, it appears that I have a new primary lung cancer that could be agent orange presumptive.

The Question: Will the ongoing appeal cancel the new claim or screw it up somehow??????

Thanks in advance.....

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If cancer in a non-presumptive site is thought by the VA to spread to a presumptive site, I've seen them reject it. It's ridiculous. I'm assuming that the original site (base of tongue) was squamous cell carcinoma?

This is how I would argue it from a science standpoint:

1. TCDD isn’t actually damaging that original cell-it was likely a carcinogen in cigarette smoke- but TCDD prevents apoptosis (“cell-suicide”) from happening. The research shows that this happens even when researchers give mice a chemical that is specifically designed to trigger “cell-suicide.” The research is pretty clear on this. It even happens in that study when they introduce a chemical that specifically causes "cell-suicide."

2. Another “hallmark of cancer” is when damaged cells keep replicating themselves. The signal to replicate comes from other cells. TCDD is believed to be disruptive to genes that regulate the switch that tells the cell to make copies of itself, known as the epidermal growth factor receptor (EGFR.) Research shows us that in colon cancer cells, TCDD flips this switch, and causes cancer cells to start reproducing like crazy. This is obviously NOT a good thing.

Now, the research above use lung epithelial cells and colon epithelial cells. But, really, what the VA is not getting is that the SITE DOES NOT MATTER. Any carcinoma involves epithelial cells, no matter where it is, and the vast majority of cancers are carcinomas.

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The problem with the STS listed cancers is that VA does not recognize carcinomas in that list.

Slowlane, do you get cancer treatment from a real doctor?( non VA oncologist)

Reason I ask, is that I wonder if VA can really diagnose these types of cancers at all.

They almost killed a vet friend of mine, right after they killed my husband.

They thought his cancer (from AO (NHL) was hemorrhoids.

He didnt want to file FTCA but I prepared his 1151 claim, just referring them to his VA medical records, as proof of the malpractice.

It was one of the fastest 1151 awards I had ever seen.100% P & T under 1151.

Prior to that he had 40% for 2 GSWs and then also since got 50% for PTSD.

This is sad...this is a dear friend of mine (Vietnam , Army, Blackhorse I think), Hoi An and Chu Chi.)

Even though my husband (when he was alive, and I ,talked to him about filing for PTSD he would not do it.)

The GSWs alone would get him the award.

Finally many years later, he filed for PTSD and got 50% SC for that.

I sure wish he had filed years sooner.

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I get and got treatment for my cancers from civilian doctors on my Blue Cross insurance. My original diagnosis was Larynx PRIMARY. The largest tumor was at the base of the tongue so the Doctors constantly referred to it as "Base-of-tongue" cancer. VA found that by severing service connection and re-naming it "Base-of-tongue" would put me on the permanent hamster wheel.....where I will stay until I die. Slowlane

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Did you have an IMO or medical documentation to confirm the Larynx cancer was primary?

Did VA have that info?

"base of tongue" really isn't a strong medical term at all.

Yet I would think that would fall under the area of the larynx.

Slowlane ,have you ever scanned and attached the C & P here" or their SOC?

Sometimes I think they just want us all to croak...

There are enough claims in the backlog , just collecting dust , to insure their job security probably for decades.

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I flew to St Pete (500) miles to meet with the DRO and he had already made up his mind to continue with the severance. I presented new evidence and the meeting was recorded. They just went on with the severance and I of course NOD'ed and thus was introduced to the hamster wheel. It would be nice to get a SOC and form 9 one day.

What I have been pondering lately is if I requested a copy of the recording with the DRO say, via IRIS.??????

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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)
        • Thanks
      • 3 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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