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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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Varo Decision Errors
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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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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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Seekz, -
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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,Picked By
Joey Ross, -
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broncovet 3,621
I thought I would help explain a little about VARO errors, as they often follow patterns:
1. The VARO must give a "reasons and bases" for its decisions, or else it is error. I recommend, if you have favorable evidence if your evidence is not listed in the decisions "evidence" section, that you appeal it on that bases. If your pertinent evidence was not considered, then you can ask to reopen under 3.156 based on the "new" evidnece.
If there is favorable evidence in your file, and VA denied it anyway, and did not mention this favorable evidence, you can appeal on the bases that you had favorable evidence and the VA did not give a reasons and bases as to why this evidence was not considered.
2. Issues "reasonably raised" by the record, but not adjuticated. This is error, but the VA wont do anything about it, usually, unless YOU bring it up.
3. Compliance with "notice" and other regulations. Just because the decision "says" they complied with a particular regulation does not always mean they complied. Read over the regulation and see if they really did comply.
4. Not rating you on criteria. My first denial was on hearing loss because "it was too long since military service". This is not one of the rating criteria for service connection or hearing loss. If VA lists a denial based on non critieria, nail them on it. They can not say, "Im denying the Veteran because he wears purple spiked hair". This is not the criteria. Look it up and make sure they give a "reason" as to why you did not meet one or more of the criteria in the denial. Many/Most BVA decisions say,
"The criteria for xxxx has (or has not) been met. You meet the critieria, you get the award. If you dont meet the criteria, then they need to explain why you did not meet the applicable criteria.
5. Absence of Evidence is not Evidence of Absence. Let me explain. If your cfile says "nothing" about your condition, this does not mean you do not have the condition. There could be many reasons why your file has nothing in it about your malady, the most common of which is that the VA can not find the evidence or does not have it. Now, "evidence of absence" is a valid reason for denial. If you go to the doctor, and he xrays you, and he says, "No, the xray is negative for any sign of DDD", now this is a valid denial reason. Its negative evidence or "evidence you dont have DDD". It is not the same thing as there is NO xray. Dont let them do this. If the VA has "negative evidence" then let them cite the medical report where the doc did a test which came up negative. You can deal with this with an IME/IMO. But, just because there is nothing in your record about DDD or xrays, this does not mean you dont have DDD. It means your records are probably incomplete, if you have taken these tests, or, if you have not taken the tests, then you should be given a C and P exam.
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broncovet
I thought I would help explain a little about VARO errors, as they often follow patterns: 1. The VARO must give a "reasons and bases" for its decisions, or else it is error. I recommend, if you
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Bronco, I can follow your point but some veterans would just give up and say the heck with it or some veterans would file an NOD or a request for reconsideration/reopen claim and if VA grants the NOD
broncovet
Vync. I agree. Berta often says VA can not read. I think they "top sheet" these, and read the first 2 pages then issue a decision. Turtle: With hearing loss there are 2 issues: First, is i
7 answers to this question
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