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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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      Your question has probably been asked before so the fastest way to find the information you need is to search for it.
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    • 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.

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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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      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?



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R762

PTSD - C&P Exam "Stressor"

Question

I e-mailed my DAV representative yesterday. I have a C&P exam this Friday. I asked him if I should bring in my buddy statements, awards, Release of [medical] Information, my DD Form 2807-1 (which shows I asked the Regimental Medical Officer that I was seeking help/advice for reoccuring nightmares that stemmed from a military operation the pentagon 9/11).

The Rep responded, "You do not want to submit anything at this time, getting the exam is a huge step, because if they did not verify your stressor they would not have requested the exam".

My Question: So, should I not bring my medical records for proof? In the beginning, It was my understanding that I would want to bring in as much information as possible.

 

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YES !!!!!!!!!!!!

You will be OK!

The PH, CAR, and /or the CIB cause VA to conceded the stressor ..that is they SHOULD concede it.

I have only seen once in about 19 years here where the vet had the CAR but they denied due to no stressor,...and I think there was more to it than we knew here.

When the claim is resolved, since it seems the PH is not on your DD 214 I highly recommend downloading the DD 149 form here, in order to correct the 214 with a 215.

I bet there might well be other awards or decorations missing from your DD 214 too.

I might be wrong---did you say the evidence of the PH was in your SMRs but not on the DD 214?

If so, this also might be a 38 USC 3.156 claim for better EED.

Don't worry about that....I just don't want to forget I mentioned it here....

I think my husband got 30% when he first went to the VA, (1983)because he had been a former  NUKE and had gotten another good paying job by time the award came. When VA employed him they proposed to reduce him to 10%. It was a part time crap job they only gave him because the Personnel Director said he was not qualified for a Firemans position at the VA ( they wanted to hire relatives in those days).

I shoved the statement from OPM that said he WAS qualified in her face. She got fired.And to appease him he got a crap job until another full time fireman's job opened. They didn't want an EEOC case. By then 3 family members worked for the VA fire dept. Can anyone say Nepotism!!!!! BS plain and simple.

 

I got that fixed ....The proposed reduction. (1989) In 1992 he  then applied for a higher PTSD rating .His posthumous PTSD award was 100% P & T for PTSD back to 1991.

 PTSD has no cure and can get worse. Obviously this shows that  sometimes VA will low ball anyone's  MH  rating if they think they can get away with it..

 

 

 

 

 

Edited by Berta

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Well, now they are saying they can "cure" PTSD.  I believe they take this stance so they can keep PTSD Ratings as 'fluid' so they can slide in reductions and not award "Permanent" to ratings.  This is why I cannot get Chapter benefits for my dependents.

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4 hours ago, Berta said:

YES !!!!!!!!!!!!

You will be OK!

The PH, CAR, and /or the CIB cause VA to conceded the stressor ..that is they SHOULD concede it.

I have only seen once in about 19 years here where the vet had the CAR but they denied due to no stressor,...and I think there was more to it than we knew here.

When the claim is resolved, since it seems the PH is not on your DD 214 I highly recommend downloading the DD 149 form here, in order to correct the 214 with a 215.

I bet there might well be other awards or decorations missing from your DD 214 too.

I might be wrong---did you say the evidence of the PH was in your SMRs but not on the DD 214?

If so, this also might be a 38 USC 3.156 claim for better EED.

Don't worry about that....I just don't want to forget I mentioned it here....

I think my husband got 30% when he first went to the VA, (1983)because he had been a former  NUKE and had gotten another good paying job by time the award came. When VA employed him they proposed to reduce him to 10%. It was a part time crap job they only gave him because the Personnel Director said he was not qualified for a Firemans position at the VA ( they wanted to hire relatives in those days).

I shoved the statement from OPM that said he WAS qualified in her face. She got fired.And to appease him he got a crap job until another full time fireman's job opened. They didn't want an EEOC case. By then 3 family members worked for the VA fire dept. Can anyone say Nepotism!!!!! BS plain and simple.

 

I got that fixed ....The proposed reduction. (1989) In 1992 he  then applied for a higher PTSD rating .His posthumous PTSD award was 100% P & T for PTSD back to 1991.

 PTSD has no cure and can get worse. Obviously this shows that  sometimes VA will low ball anyone's  MH  rating if they think they can get away with it..

 

 

 

 

 

For clarification, I never commented that I had a PH. I didn't earn that medal, nor was I awarded it. I was not seeking a PH. I have PTSD. But that is frowned upon by my peers and chain of command. The attack on the pentagon 9/11 is a loophole. As far as I know, nobody from my unit received PH. The criteria for a CAR or CIB are not met in this scenerio. I am being diagnosed and treated for direct service connected PTSD from the attacks on the pentagon and the search and rescue induced PTSD. No PH was awarded.

Edited by R762

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I truly apologize,  somehow I got 2 different vets mixed up here this AM.

I need to find the other vet who does have the PH but the VA denied him for PTSD.....thanks for correcting me right away.

 

Heck if I start making too many  errors like that here, I would be qualified to become a rater at the VA!!!!:blush:

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  • Similar Content

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    • By USMC_VET
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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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    • Wonderful news way to hang in. I hope this gives you some well deserved peace. 
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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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