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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 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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By DSIG
Hello again. I'm posting this to a new thread although its related to a post of two days ago.
I just had my C&P exam on 16 Feb for a PTSD increase. Based on my claim status online which I just checked this morning, 18 Feb, the VA sent a decision letter and closed the claim. Is it possible for the VA to reach a decision this quickly after an evaluation? This claim was submitted as a fully developed claim and the only other evidence I had in my file was a DBQ and narrative or nexus letter prepared by my treating doctor of 11 years.
I'm enclosing a screenshot of a status that I asked the VA about twice and received two different answers. I asked them if an exam was required. The status on the screenshot says no longer needed. In one call the VA said it was not required. In another call they said it was required and provided me LHI's contact information. The exam was scheduled and conducted through LHI.
Has anyone dealt with this type of inconsistency? Is it possible the VA made a decision without this evaluation considering how fast a decision letter was sent after the evaluation. Or do you think the evaluation was considered in their decision?
I contacted the VA this morning and the rep said he cannot discuss the contents of the decision but confirmed that an exam notification was sent out back in January. I also asked him how long it takes ebenefits to show the new rating if the decision is for an increase. He confirmed for me my rating he sees now but this rating is my current rating. How long does ebenefits take to update a rating that may have increased after a decision letter was sent?
Thanks
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By staticline
Hello and thanks for reading. I have tried to research the FAQ but keep getting the error message " We could not locate the item you are trying to view. Error code: 2F176/1", so hopefully this is not to repetitive. First a little bit of a back story- I have 44 years combined service for pay (Both active duty (combat) Active Reserve, NG and returns to Active duty for deployments. I used a state VA representative to help file my claim and during the process (the VSO) filed all my claims at one time. These included PTSD, Type II diabetes (presumptive), Tinnitus, Bilateral hearing loss, and sleep apnea, neuropathy in my left foot, right foot etc.
After an C&P I was given a 100% P&T for PTSD (service connected - Combat). My other issues were initially deferred. After looking at my information on eBenefits (still waiting of subsequent decision letters, I found the following (note I have completed all the C&P examinations as requested)
10% For tinnitus (service connected) 20% for Type II diabetes, (service connected) 10% for myopathy in my left foot, 10% for my right foot (service connected) 0% for bilateral hearing loss (service connected) and 0% for sleep apnea (NOT service connected).
So while I was surprised at the sleep apnea rating, I think that perhaps this was a result of the the way the claim was filed, in that it was not filed as a secondary to the PTSD.
So the questions then becomes, since I am not seeking SMC, as I do not presently see a real path to it in my present state, is pursuing the Sleep Apnea really a hill worth climbing, since as I understand it because I am already 100% service connected then the VA will provide my CPAP needs. So anyone out there see something I am missing, AND if I do seek to address the Apnea do I simply file an appeal to the decision letter or do I submit a new claim for the Sleep Apnea, as secondary.
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By ASU_0331
I remember other QTC exams being uploaded to Blue Button, but cannot remember where they are located in the reports. Does anyone have any info on where they are located within the medical record available on Blue Button?
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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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- 46 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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Question: Just saw on ebenes that I was given a 100% PTSD disability ONLY IT IS FROM DOD!!???
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