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14 Questions about VA Disability Compensation Benefits Claims
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?
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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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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By cathyjourdan
HI,
Okay quick question and I hope I get some quick advice before its too late. Okay so I put in for an increase in my husband's ihd, and his lungs because he's had terrible residuals since he had radiation for lung cancer. We applied for the caregiver program and was approved but the lady told me that his 100% for his lungs was temporary (which I knew) and that I should be trying to get him increased or made P&T so that his overall average would never go below 70%. So I put it in. Well the rep at the VA went in and said that he was Permanent and Total...yay. So I thought they were done because I saw the notice saying a decision letter was being mailed. However, today a lady calls and says she will be scheduling him for a c&p for his lungs. Well as it stands he has 100% for his lungs. They have not set the appointment yet...should I go in and request this cancelled? THere is nothing to gain and I'm thinking the wrong doc could certainly give something to lose especially since she said they will be using a community doctor. It's a moot issue right now right? If they haven't made a decision which obviously they haven't can I cancel or is it too late?
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By dzydel
Hello fellow vets,
I have a c&p exam next week for right hand pain and arthritis. I am currently SC for:
70% amputation of right index and middle fingers, post mortar explosion.
10% Scars right hand
10% osteo stumps with ankylosis of remaining 2 fingers.
20% right shoulder strain
10% right wrist sprain
10% tinnitus
50% ptsd.
I am curious about possible pyramid issues, but would arthritis or carpal tunnel be added to my current hand conditons? Va math will have me at 100% if I get another 30%. Any information would be appreciated!
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By anayafather
I am currently 100% TDIU 70% PTSD 20% Back. I am on an ALJ appeal with social security. The judge has made a decision within 2 weeks of my appeal date. what are my chances that the letter is a favorable one. Thanks in advance
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By MileHigh
If I were to get a job where I was considered a Virtual Employee(with a big company) and Worked from my home. Is that considered a "sheltered environment"? Meaning would I get in trouble for working from home and make more than the poverty threshold?
Thank you Scott
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By blahsaysme2u
OK guys. i have a lot of news to update you all on but i haven't gotten my letters yet so i am waiting on those before i post updates. but looking like i have won to very large claims in my favor that should push me over to 100% schedular. all of my claims are disabilities that obviously will never get better and will only degrade for the rest of my life(osa,tbi,tinnitus,back leg feet issues hearing loss,gerd)
so with all that being said i am looking into what my next steps are. i know i am going to be fighting some effective dates on some of my claims and that will be a seperate post. but i have searched far and wide and have found very little info on P&T as it pertains to veterans that are looking for just getting their disabilities identified as permanent but not necessarily total. i still work and want to continue to work as i enjoy my job, my employer is good to me and makes great allowances for my disabilities to allow me to continue to work,etc. i worry getting P&T will make me have to stop working like TDIU.
so questions:
is P&T like TDIU as respect to work? can you be rated permanent and not total? what process do i need to go through to get my claims rated permanent? i have some effective dates that are already "protected"(over the 10 year) but not as permanent (over 20) and some with newer effective dates. if i get permanent or if P&T is given together, will all my claims be protected together, or will each claim have to stand on its own as being permanent? reason i ask this question; i know that P&T is listed on benefits summary page on ebennies, so wondered if you cant have permanent without total and if once you get it its for all claims since its just a yes no question not for each disability. can you not get the benefits of being 100% without being P&T? ie champ va etc?
again i tried to find answers to these questions and knew if anyone had the answers it was the guys here.
thanks for any help or any resources you can direct me to!
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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-
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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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- 41 replies
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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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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,
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tom91 0
Based on Ebenefits, they have closed my open claim and awarded me additional ratings. I was already 100% combined; however, when I go to Documents/Records and retrieve a VA benefits summary letter, it shows YES for 'You are considered to be totally and permanently disabled due soley to your service connected disabilities. The commissary letter goes on to say it is permanent and not scheduled for any future exams.
Here lies my question......would any of these state unemployable if the VA decision was that I am total, permanent and unemployable? I realize this will be all spelled out when I get the yellow envelope in the mail but thought others with experience might be able to let me know what I should see on these.
Thanks!
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Gastone
Tom, it appears to me that you are Rated 100% SC Scheduler and your DX's are determined to be T & P, with no Future Exams Scheduled, that is, unless you file a New Secondary Issue Claim. Were you
Buck52
I was rating with TDIU P&T chronic in Nature with no exams scheduled. I was at a 90% combined rating with a 10% rating for tinnitus but that's is still considered a 92 % rating and back to t
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