Become a Patron of HadIt.com. If you appreciate what we are doing and can afford a monthly commitment, this is a great way to support us
HadIt.com Veteran to Veteran Fundraiser
Revenues are down, costs are up and I need your help.
Give a financial gift to help with the upkeep of HadIt.com. HadIt.com is NOT a non profit. Gifts are not tax deductible, they are just gifts.
Years ago I filed a claim for a scar from surgery while in service. They granted the scar at 0% . I appealed it saying it was painful and should be rated at 10%. RO denied it so it went to the BVA who remanded it back to RO because the original exam wasn't proper and the VA didn't review records it had that were pertinent to claim. The BVA remand instructions were to review specific records and do a new exam.
I had a new exam and later received a letter from RO saying they granted me 10% but the effective date was the date of new exam. They said that is the first diagnosis of scar pain even though my records going back years show me complaining of pain which is why I suspect BVA told them to review those records. The RO decision letter stated the only used the new exam as evidence for their decision.
So it went back to the BVA and it seems they made a decision. I'm waiting on the letter but website said they granted my claim and also denied it?
Any ideas on how this is possible?
I'm hoping it's a grant for earlier effective date and denial of an increase in excess of 10%? Anyone have any ideas on what they would grant and deny same claim?
My Appeal is a legacy and at the bva. December 2016 is when it was filed. On va.gov it says my appeal was updated in July 2020. On va.gov it says they are working on claims from September 2017 and later. Shouldn't my Appeal be seen quickly. Va.gov says there are 85000 ahead of me. Just seems like December 2016 should be seen before September 2017. Also my claim was remanded to director of comp. And then sent back to RO and now is back at bva. Wasn't sure what to do.
I know I ask a lot of questions, but DAV and VA never want to give any answers. I have a virtual appeal hearing next month and I have 2 questions not related to each other.
1. If my claims are granted will the VARO use the existing C&P to implement the decision, or are new C&P's likely? for reference, when the hearing occurs it will be less than 1 year since the last exam.
2. Has anyone had recent experience in the timeframe after the hearing to get a decision?
By Mr cue
So a buddy of mine has a claim that was just remand by bva for new exams.
So for a month they offer exam 150 miles away. The va hospital is 15 min away smh.
So it took them a month to get appoint with the place that does ssi claim exam.
I don't like this it seem alot of veteran are get bad exams adding years of appeal time
I don't understand the va hospital has ever specialist and has treated most of us all our disabled life.
To me this seem like a step to getting rid of the va health system. And to denied more veterans
By Joe Tex
I searched the forums but did not see this in the appeals section.
I have a pending appeal for my right foot for service connection, and I'm in the process of sending a statement to the Board of Appeals.
My question is can I ask the Appeals Board for a percentage rating prior to winning the appeal for right foot service connection.
My reasoning is, if I just send the Appeals Board my statement without requesting a percentage and I win the appeal for right foot service
connection, then I might have to file another appeal if the RO gives me a lower percentage, and wait another 5 years for that appeal.
I'm unable to find any information on filing an appeal for service connection, and at the same time requesting a percentage.
Any information would be appreciated. Thanks
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
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.
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)
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.
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!
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,
Picked ByJoey Ross,