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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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mademike1

New Claim/ Schizophrenia

Question

Hello, I was wondering what my chances are for my claim. I feel guilty even applying but a VA nurse sent me to some office and I applied thinking it was for help with my SSDI case.

At little background.

I joined the US Army right out of high school and completed basic training and AIT without issue. I spent the rest of my enlistment without issue up until I had a mental break after my 3 year mark.

In October of 2001 I broke down and attempted suicide. I felt everyone was out to get me, depressed, and overwhelmed. I sliced one of my wrist and took all the medicine I had (which wasnt much). I ended up slicing through one of the tendons though I still have full use of my hand. I was rushed to a off base hospital and spent a few days before being discharged. Less then a month later I was honorably discharged from the service. I felt I did not receive any of the mental help I should have during this time, instead they kicked me out as fast as they could.

The next 2 years I was a mental wreck. I lived with my mother and slowly got better. I finally pulled myself back together and found a job I enjoyed though instead of coping with my issues I just ran from them. I avoided all stressful situations and at the first sign of any type of confrontation I escaped. I was able to do this for around 6 years before finally getting to the point where I could no longer interact with people. I quit my job (ran away again) and decided to try college

I spent the next few years trying to get a degree but I still couldn't deal with people. I would go to the college but sit out in my truck many times or go to the library and self studied. I was able pass the majority of my classes that didnt have an attendance policy by just showing up for test and turning in homework during office hours. I got to the point where this became impossible even dealing with these short social situations though and had to finally stopped going.

During this time i lost my savings and ended up homeless. Luckily I have family so am staying again at my mothers though this is just temporary.

On January 2014 I applied for SSDI even though I have not been to a doctor since the Military. I do not like doctors, hospitals, medicine, etc so avoided them. It thus came as no shock that I was denied. I appealed and tried to find help which was hard for someone without insurance. I finally found a needs based mental health clinic that was attached to a college and spent a few months going to sessions. They told me I had Schizophrenia and a few other conditions was listed on the medical records. The student I was seeing graduated and I could not force myself to go back to see a new student.

Finally my Uncle told my mother to have my check with the VA to see if I qualify for health care. I did and saw my first doctor who was able to refer me to a VA psychologist. After a few visits she diagnosed me with Schizophrenia and as psychotic.

Do I have a case with VA? My aunt has Schizophrenia so can they say its genetic? I have a CP exam in 3 weeks and am worried because they may not have the suicide attempt hospital reports since it was offbase (suicide attempt was in barracks but I was rushed to a off base hospital).

Edited by mademike1

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If you had a psychotic break while in service it should be service connected especially after three years of being active. Your main problem might be that you did not file a claim within one year of discharge since schizophrenia is considered a chronic illness. I would file that claim ASAP. What do your medical records say? The army screwed you and should have treated your psychosis and given you a medical discharge.

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I am unsure what my medical records from the time say. I tried getting a copy but for some reason I never get them.

I did file (thought it was for something else) and I have a C & P in early April. My VA psychologist has me listed with Schizophrenia and as psychotic disorder as well as many other conditions. The first time I was hearing my medical records was during my SSDI judge hearing and most of what I heard was new to me and much worse then I thought. My SSDI lawyer likely has all the paperwork, but unsure if I can ask him to make copies for me. Its likely too late to get copies in time for the upcoming hearing by sending off for them.

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Did you appeal the SSDI denial?

Did that denial come before the VA MH professional diagnosed you with Schizophrenia?

"My SSDI lawyer likely has all the paperwork, but unsure if I can ask him to make copies for me. Its likely too late to get copies in time for the upcoming hearing by sending off for them."

SSDI gets all available medical records, Military, private, and VA..

That is they obtain what they are aware of,to get.

Your inservice manifestations of this disability would be found in your SMRs.

That would be the nexus you need for service connection.

I f I were you I would call the SSDI lawyer to see what they might still have, or where they sent those records to.

John is sure right:

"The army screwed you and should have treated your psychosis and given you a medical discharge."

You could have filed a claim under the Chronic presumptives, as John said, right after your discharge.

It hurts to read this stuff and know that the Military could have helped you more.

"I have a CP exam in 3 weeks and am worried because they may not have the suicide attempt hospital reports since it was offbase (suicide attempt was in barracks but I was rushed to a off base hospital)."

That info might be in what the SSDI lawyer has.

You have a valid claim and luckily VA knows more about schizophrenia these days then they did in the past.

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Did you appeal the SSDI denial?

Yes. I appealed and had my ALJ hearing. Still waiting on the results of that, though the lawyer and my psychologist says I have nothing to worry about and I will get approved. I think the judge said I was approved during the hearing but by that time I was mental drained and could not follow the what was happening. The hearing lasted over an hour which I was told is normal with that ALJ judge). This was 2 months ago and I was told it would take anywhere from 3-6 months before I would get my decision from the judge.

id that denial come before the VA MH professional diagnosed you with Schizophrenia?

The denial of my original application came before I was diagnosed with anything. I did see a SSA examiner and they had listed my ability to work was greatly affected, but not enough to qualify. I hear they do this all the time and with no diagnoses I understand why I was denied. I appealed and before my appeal hearing (ALJ hearing) I was diagnosed Schizophrenia and a few other issues.

Your inservice manifestations of this disability would be found in your SMRs.

That would be the nexus you need for service connection.

I f I were you I would call the SSDI lawyer to see what they might still have, or where they sent those records to.

John is sure right:

"The army screwed you and should have treated your psychosis and given you a medical discharge."

You could have filed a claim under the Chronic presumptives, as John said, right after your discharge.

It hurts to read this stuff and know that the Military could have helped you more.

You have a valid claim and luckily VA knows more about schizophrenia these days then they did in the past.

Thanks. I was looking at my DD form 214 with discharge and see my Separation authority was AR 635-200 PARA 5 - 17 with Separation code JFV. It is good this code was not JFX as that indicates a personality disorder while JFV does not.

It seems the first step I need to take is to gather my military files and sign up for the VA site. The lawyers office said they send it after my case is closed and I would need to talk to the cases paralegal to get any files sooner. I left a message but will likely be a few days before I hear anything. I just accessed benefits for the first time and exploring the site.

Files I need to obtain:

SARS

VA Medical Records (discharged as well as current).

Ill do some searches to find out what other files I need.

Thanks john999 and Berta

Edited by mademike1

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Yeah, you are so right on the personality disorder bull crap......

If the SSDI award is Solely for the schizophrenia, that would be Excellent evidence for TDIU.

TDIU can be applied for ( VA Form 21-8940) any time your service connected disability (ties) render you unable to work.

Regardless of your SC rating.

I helped a vet once with no SC at all, he got TDIU in mere months.

never met him, it all was done through email with a Bipolar vet friend I helped

he had extensive private records (MH) and also SSDI award for PTSD.

The bi polar vet went from NO SC at all to 100% P & T SC.Too.

Dont let any VS0 or rep tell you that you cannot apply for TDIU, if you have evidence (such as SSDI award) solely for SCs or a Voc Rehab denial due to your SCs, regardless of your SC rating.and even if you dont have one.

PTSD is a new criteria however these days......

Edited by Berta
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  • Our picks

    • 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
      • 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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