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  • 14 Questions about VA Disability Compensation Benefits Claims

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    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?

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    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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    • 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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vietvet

[[Template core/front/global/prefix is throwing an error. This theme may be out of date. Run the support tool in the AdminCP to restore the default theme.]] NOD Do you see a doubt; maybe?

Question

Fellow Vets, happy new year

Total 70% (seeking IU)

10% bilaterals of (right and left) upper and (right and left) lower diabetic neuropathies

20% diabetes

30% ptsd with depression   (prescribed meds not permitted while driving Postal vehicle)

10% tinnitus; 0% hearing

Was a letter carrier 17 years, out 5 years now, no work 

 Please be the judge of this statements by the C&P doc

 "He can do moderate work with his diabetes."

"He would however have difficulty using his fine motor skills, including touch sensations; has hand weakness."

Rater denied me stating I had not shown I was not unemployable...... Currently seeing a veteran rep and have prepared a NOD.

Any thoughts...

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Ever gone in for VR&E?  See if you can get an exception from the 12 year limit due to severe disability (if its needed)....what dates were the ratings given?  If some of the disabilities were recently awarded, they might also let you in for them. 

 

In VR&E, they will evaluate your ability to work.  This is the first step toward showing unemployability.  If they find you capable of work, they will also help to get you education and a job.  I'm working on getting into this now (I'm over 55).

Edited by pwrslm

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That is a good suggestion! Either way you win!

 

Stillhere

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Your file needs a statement from a doctor, preferrably, that you are unemployable due to SC conditions.  Do you have that?  If so, you should appeal.  If not, appeal anyway, and see if you can get a doc to say that.  It could be as simple as asking your doc to state that in your records.  

Do you get social security disability?  If so, what conditions did SS rate you as disabled on?  Are they service connected?   A Social Security disability on conditions which are service connected makes your IU case very strong.  VA would have to give a good reasons and bases as to why SS says you are disabled due to sc conditions but VA says no.  

There is a gap between unemployed and unemployable.  People can get unemployed for many reasons, some of which have nothing to do with health and everything to do with company layoffs. All unemployable people will be unemployed, but not all unemployed are unemployable.  

Edited by broncovet
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Thank you guys. I have all paperwork including MD's letter. My VSO thinks perhaps that the examiner contradicted

herself by stating "He could do moderate work with his diabetes, but would have difficulty using

his fine motor skills including touch sensations."Could this be a doubt in my favor?

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"He would however have difficulty using his fine motor skills, including touch sensations; has hand weakness."

That factor was one reason why SSDI awarded my husband for a stroke.He also had upper extremity weakness and neuropathy that prevented him from using a PC (also was found by Voc Rehab as unfeasible to continue his college program)and he could hardly use a phone.

He had been a licensed PHVAC operator in the past and tried to fix a minor problem on our  heater when it broke but could not hold the tools properly and broke the heater worse. I gave SSDI testimony on that and probably submitted the heater bill.(1993)

 

If one cannot use their hands in a normal way,it certainly hinders their employability.

"30% ptsd with depression   (prescribed meds not permitted while driving Postal vehicle)"

The 30% sounds way too low to me if the meds caused you to be unable to drive.

"Was a letter carrier 17 years, out 5 years now, no work"

SSDI has a cut off for application.I suggest you go to the SSA web site under Social Securiry Disability and see if you are eligible and I belive you can begin that process to apply on line at their site.

 

 

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    • The 5, 10, 20 year rules...



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      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.



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      Example for 2020 using the same disability rating



      1998 - Initially Service Connected @ 10%



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      2020 - Service Connection Increased @ 30%



      RESULT: 30% is Protected from reduction in 2040 (20 years)
        • Thanks
      • 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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