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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.
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wingnut73

Received a 5103 notice today

Question

I receive a 5103 notice today giving me 30 days to produce all evidence to support my claim for an increase. It says they have received NO Evidence to support my claim. This is Bull**** ! I went to my C&P in July with everything indexed and ready to submit. The C&P office copied it all and I assume it was sent to the RO. 

I really believe this is in retaliation   for me contacting my congressman and allison Hickey to get my C&P rescheduled.

I would like to slow this down to give me time to sort this out and get a lawyer.

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Wingnut,

When I received the 5103 Notice I called the 1-800# and asked if they saw my evidence I submitted in my file.  I was told that they were looking right at it.  They explained to me that, in my case, the 5103 gave the VA 30 days to schedule my C&P's and submit their ruling.  I still submitted my evidence again just incase.  Suprisingly enough all my C&P's were done within the 30 days.  I suggest calling the 1-800# and submitting your evidence again.

JMO

 

Scotter

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Use Priority Mail. Can track online and get a signature required. Goto usps.com and enter in all delivery info., then print out label. Use the Flat Rate envelope from the Post Office. They will email a PDF copy of the delivery received name & signature. Total cost $7.50 w/signature required. Better than certified in today's world !!!!

 

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I agree and always send them everything via Priority Mail with a USPS tracking slip, That way I can print off the USPS delivery status,at the USPS web site, that shows they got it.

Months ago a VA rep called me and went over the evidence they had for my 2 pending claims.m I asked him to briefly describe what they had, and they did have what I had sent about 3 years ago, He said to send back the 5103 he had sent to me (which I never got) so he sent it again (saying to use it for both claims)and I listed on it every single piece of evidence they already had.

They denied right away the 1151 HBP claim and never mentioned my evidence for that. I complained  and they then awarded,about 5 weeks later.

The other claim, they still have not read my evidence for that. They called me a few weeks ago and I suggested that they read the M21-1MR citations I gave them and then ask for a General Counsel Opinion because the 1997 opinion from General Counsel still stands but I guess they don't understand it.

I feel that the BVA reads the 5103 right away as they used to read the VCAA letter, carefully, to make sure the veteran or survivor got the proper VCAA  statement.

(w3hich used to cause many remands because it w3as NOT adequate)

So that means to me that many claims might get denied for a lack of evidence, that a 5103 can show, if the evidence is listed on it -that they already have) they

were denied one of our most basic rights in 38 CFR ( 38 CFR 4.6) and the BVA might be the very first VA entity at all who actually reads it,..as happened to me in my 2003 DMII AO claim....even with a double DRO review and a vet rep who said he made sure my IMOs got into the record, during the second DRO review,..

I think he made paper airplanes with my IM0s and tossed them out the window before he even talked to the DRO.

Nevertheless the BVA took note of them as I had sent them in many times, with additional evidence they ignored, as well.

 

 

 

 

.

 

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anytime you send certified mail with return receipt, it gives you a tracking # and you can also use the  receipt its self #

look up usps on the internet and it will ask you what you want to do, track your mail or what ever

just type in your (complete tracking #  its long numbers

and it will track it all the way up to who ever signs for it, this is probably the cheapest way  cost about 549 or so

& you get a sign return receipt...keep in safe place this is your prof  

you can also just use an regular envelope long one   if you just have a few pages to mail and ask to buy a tracking number 3.00 bucks I think  then you can track it to the place you send it to but it will not give you a return receipt.

 As for as getting a certified return receipt

I am not sure how this would prove  that  they got your evidence???  it just proves that they got a package/envelope in the mail from you,  it don't say what it was ((like  your evidence)  so it may be a good Idea to put the word claims evidence on the outside of the package/envelope ,

Take a pic with your cell phone right before you mail it....I know some of you may think this is crazy  but now days we  need to do all we can to make damn sure they get our evidence .....> then its a matter or not if they read it.

 

jmo

 

................Buck

Edited by Buck52

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YOu have been given good advice.  The simplest is to send the evidence  again.  I have sent VA the same evidence 6 times, and they still dont have it.  

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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)
      • 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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