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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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nanaeris

Received Decision from BVA

Question

I just received a remand decision from BVA. It basically stated the Waco Regional office sent me to a C&P examination to determine if my bialateral service connection knee disability was causing my bialateral foot pain. The people in Waco only stated for the Doctor to evaluate whether osgood schlatter disease was causing my foot problem. In the 2008 C&P exam the doctor said no. I filed a NOD and they send me for a second exam in 2012 with the same critera. My bilateral knees are service connected for osgood schlatter disease, status post debridement degenerative joint disease and a history of chondromalacia. Even though I told them this in the NOD they still told the doctor to evaluate osgood schlatters only in the 2012 C&P exam. I had asked for a increase rating for my bilateral knee disability in 2008 which was denied. I filed a NOD and in 2012 was granted an increase from 20% to 30% per knee. The Board stated that a higher evaluation are possible under the rating criteria 38 C.F.R. & 4.71a, DCs 5010-5261. The Board also stated the grant of the 30% rating does not cover the full period that was on appeal.

I like to know am I reading this correctly that the VA should have rated my knees at a higher percentage? Also the VA did not pay me for the full period that was on appeal.

Is the Board finding binding on the Regional Office? I went to the National Insitute of Health web site and found a study called the the prevalence of foot pain and foot pain laterality in people with knee osteoarthritis, and its impact on health and function. Do you think this will help my claim of foot pain as secondary to service connect bilateral knee disability?  Any input will be highly appreciated.

Thank You,

nanaeris

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I just received a remand decision from BVA. It basically stated the Waco Regional office sent me to a C&P examination to determine if my bialateral service connection knee disability was causing my bialateral foot pain. The people in Waco only stated for the Doctor to evaluate whether osgood schlatter disease was causing my foot problem. In the 2008 C&P exam the doctor said no. I filed a NOD and they send me for a second exam in 2012 with the same critera. My bilateral knees are service connected for osgood schlatter disease, status post debridement degenerative joint disease and a history of chondromalacia. Even though I told them this in the NOD they still told the doctor to evaluate osgood schlatters only in the 2012 C&P exam. I had asked for a increase rating for my bilateral knee disability in 2008 which was denied. I filed a NOD and in 2012 was granted an increase from 20% to 30% per knee. The Board stated that a higher evaluation are possible under the rating criteria 38 C.F.R. & 4.71a, DCs 5010-5261. The Board also stated the grant of the 30% rating does not cover the full period that was on appeal.

I like to know am I reading this correctly that the VA should have rated my knees at a higher percentage? Also the VA did not pay me for the full period that was on appeal.

Is the Board finding binding on the Regional Office? I went to the National Insitute of Health web site and found a study called the the prevalence of foot pain and foot pain laterality in people with knee osteoarthritis, and its impact on health and function. Do you think this will help my claim of foot pain as secondary to service connect bilateral knee disability?  Any input will be highly appreciated.

Thank You,

nanaeris

it will help if you are still getting treatment for your conditions. Also find a doctor to support

your claim. Getting treatment for any condition is a plus. Getting it connected is the problem

but it can be done. Get the right doctor he can connect it together for you keep getting treatments. RU

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If your C&P examination was not adequate and thorough, check these rulings:

Barr v. Nicholson, 21 Vet. App. 303, 311 (2007) (holding that once VA undertakes the effort to provide an examination, even if not statutorily obligated to do so, it must provide an adequate one or, at a minimum, notify the claimant why one will not or cannot be provided). 

Stefl v. Nicholson, 21 Vet. App. 120, 124 (2007) (indicating an opinion is considered adequate when it is based on consideration of an appellant's medical history and examinations and describes the disability in sufficient detail so the Board's evaluation of the claimed disability is a fully informed one)

If you don't already have them, I recommend you get a copy of your C&P exams and/or DBQ's. Compare the findings with the rating criteria. If it looks like they performed an inadequate exam, it your could still NOD it.

 

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If your C&P examination was not adequate and thorough, check these rulings:

If you don't already have them, I recommend you get a copy of your C&P exams and/or DBQ's. Compare the findings with the rating criteria. If it looks like they performed an inadequate exam, it your could still NOD it.

 

find a RO that does this is where the problem is at. It is written for WHO to follow????

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find a RO that does this is where the problem is at. It is written for WHO to follow????

I think we have all been victims of shoddy C&P examinations. It stinks when a veteran has to tell the VA to follow their own rules.

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it stink when you have a veteran who has no ideal to what the laws is and for him

or her to follow a decision you posted they don't understand how to read it. I try to post

in a way they understand. Keep it simple for the ones who don't know. RU

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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)
        • 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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