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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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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-
- 10 replies
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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
Picked By
Tbird, -
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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
Picked By
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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Question
All-American Airman 2
Hello everyone,
Good day to all. I have some questions on my FDC and on the next course of action I should take. My FDC happened late
March, and I was awarded a 70% rating for my disabilities. I served Active duty from 2001-2008 and am now a reservist since 2011 .
All the evidence that was used to determine my claim came from only Active duty STR's and recent according to the award letter. Here is the breakdown of contentions that I have questions on.
1. bilateral plantar fasciitis with pes planus(flat foot) 10%
?? Can they combine these contentions... or should they be rated separately
2. left ear hearing loss granted 0%
Can I see a private ENT doc and get tested to refute this evidence. I remember that the tone on the machine started out at such a higher volume than the one I expected to hear and am used to. In the Air force you heard very faint series of tones that started out where you could barely hear them and then they gradually became louder and easier to hear.
3. Allergic Rhinitis
There is evidence of a diagnosis of allergic rhinitis in my STR's and medication prescribed for allergies. My allergies have gotten worse to the point that I went to the doctor twice this year for infections and I cannot go a day with out medication. Will see if I can get a current diagnosis from the ENT doc soon.
If anyone has thoughts or advice for these issues it would be greatly appreciated.
I am also in the process of submitting more additional evidence to the intake center for contentions that were denied service connection for neck/cervical spine issues (4 disc bulges) that I have just been diagnosed with from an MRI exam.
Also radiculopathy in both left and right upper extremities.( fun stuff) Just had an EMG done with a Neurology doc and the evidence is there.The issue can be attributed to a motor vehicle accident while I was on annual tour on Active Duty orders.
as a Reservist back in 2011.
I have copies of orders, mishap accident form, treatment diagnosis from ER, and physical therapy in my reservist STRs. LOD was never done though. Not my fault I gave them everything they asked even the police report they said they had to have to initiate it.
I am now undecided as what would be the best course of action to take. Should I just submit additional evidence for them to consider and possible award those denied contentions?? or would it be best just to file the NOD now and submit all evidence that I have right now and submit the rest as I build a case with a private doc for each denied contention?? Should I get an IME/IMO done by each specialty to refute the denied contentions.
I am now seeing a pain management doc for neck and back issues.....and not to mention all the secondary service disabilities that are now manifesting like the pain in hips, knees, feet, soft tissue pain.....like I have the body of a 65 yr old man and im only 41.
God's grace is sufficient because I stay away from all the drugs mostly... just an 800mg of Motrin the good ol Vitamin M from time to time. Any advice would be of great assistance. Thanks to all who contribute to this forum and for your expertise. May God find favor on you all as you fight the good fight. Have a blessed day
Very Respectfully,
David
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