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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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      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.
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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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mrmark1999

meb peb or medically retired

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OK I have a strange question I was put up for a med board toward the end of my service before I received my recommendation for my medical discharge I received my honorable discharge

Question 

 IM now rated at 40 % at the VA  could I retroactively request a medical retirement?

IM just really confused what happened  . They lost my paper work  and I received my discharge before my meb evaluation was put through 

did I get screwed ?

Can I have it changed ? There are some benefits from being retired that I cannot get  just being disabled

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The services do this so that they can evade paying. As to your chances of getting things changed, I just have no knowledge. 

Your issue is similar to one that happened to me many decades ago.

The examining separation doctor gave me a choice of honorable separation that my orders called for or getting stuck in what I would term a "mickey mouse" med hold status until the base hospital got around to running a dangerous medical test to verify the problem.

I figured that I'd rather have such a test done on the outside for obvious reasons. Earlier, a Navy hospital had refused to do the test as part of other treatment, even though it would have been easy to do, although perhaps just as dangerous.

On the civilian side, the decision tree was constant pain, do the test. If not, don't, and treat the transient pain. In any event any related surgery had and has only a 50% chance of a fully favorable outcome.

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Chuck I don't think that choice was by mere chance.  I had a similar situation when I was getting out of the guard, long story there. However, the jest of it was while in the process of being Med Boarded out due to mental issues, I see why they just separated me and let my contract expire. It's odd in the sense that I wasn't a full timer, I was just an activated guard member that had injuries and conditions during an active period of enlistment.

The more I think about the situation the more this action makes sense,  Avoid treatment costs and any culpability, avoid paying a pensions seems to make more sense.  Hope the member doesn't file for disability and if he or she does, delay as long as possible and hope the Veteran is none the wiser.

Am I way off in left field? Or does this situation seem peculiar?

Of course I will concede to being somewhat paranoid, not very much, may be a lot, non withstanding, a rational mind can't avoid coming to similar conclusions based on evidence and actions of the agencies involved.

Mark if I may not to add to your grief and problem, but have you ever been curious to crunch the numbers?

I would think there would be some recourse that could be taken. More importantly can it be retroactively be changed.  Hmm.

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Yea I was put on NPQ status and was not able to drill I was told not to call not to come after 6 mo I called and got the same response from the navy doctor at my Marine reserve unit  then a year went by called and same response the medical  officer was retiring . The new one came on staff found my file and 5 others shoved in the back of a file cabinet I was recalled for a final retention physical and went back into no knowing anything  I found I was honorably discharged because I receved a honorable discharge cert in the Mail  I was like ok WTF so I figured that's it before I knew anything about what was going on I was assigned a JFR3 separation code I do t even know what that means .looking at the dates  I was to be in the IRR on February 5,2001 I was recommend for discharge on March 6,2001

1) what can or should I do?

2)can I get it changed to medically retired?

3) i don't really care about pay but how would it have affected me?

i have found that there are some benefits to being retired then as just disabled 

 

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that sound like a re-entry code but I'm not positive, usually its a 3 letter code, might answer some questions >

 

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      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’.


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