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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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      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.

      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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add55p

Consolidated claims

Question

Hello,

Is it standard procedure for an opened CUE claim (final 2 year old claim) to be closed and consolidated with a current appeal claim for the same condition?

It is my understanding that a decision should be issued by the VARO and a NOD filed by me before the claim can be placed in appeal status.

Any feedback from anyone will be greatly appreciated..

Thanks..

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It is unusual but possible and happened to me.

The Cues were set for BVA transfer but one was relevant to my Nehmer AO death claim.

Fortunately my AO claim was sent to a different RO,under Nehmer, and I immediately contacted them to 

decide the CUE issues because, not only had the IHD CUE and the other CUEs been filed about 5-6 years before the AO claim, ( 3 CUEs in the same decision)but  one of the CUEs had direct impact on the AO IHD claim. 

Nehmer Philadelphia VARO awarded it all.

A subsequent 4th CUE on the same decision, filed after that was a battle ,but a minor one and was awarded faster this time.

Certainly if a CUE is pending and could significantly impact an additional pending claim, it only makes sense that VA would try to 'consolidate' them, because if not ,and the claims get to the BVA, BVA could then need to remand if the BVA felt the claims were 'intricately interwoven' or words to that affect. I have seen situations like that at the BVA.

It makes sense, but there is no regulation that states VA has to use common sense.

 I am not sure at all how VA is handling this, in your situation.

Have you attempted to get a status on the CUE with IRIS?

Ask for an email reply and not a phone call.That way you have hard copy of their response.

 

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Bertha

 

Thank you for your input.

Was your cue claim consolidated with an appeal, as I think mine was.

This particular CUE closed about a month ago and there is no information noted any where that a decision notice was sent. I have a pending appeals open for the same condition at the Regional Office.

That is why I am thinking that the VA consolidated this claim with the appeals.  It would have been nice for them to send me some sort of correspondence explaining what happened.

I sent an iris a couple of weeks ago in the ask a question section in EBENEFITS and have not yet received a response.

I stayed on hold for Peggy almost an hour before giving up. The music is still playing in my head!!

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Yes, the CUE claims were on appeal and set for BVA transfer,per IRIS and as soon as I learned that,and  since I had no vet rep ,and that meant no need to spend more time waiting for a 646 to be prepared,I acted fast and contacted the  Phila. RO right away, with what I stated was significant info they had to consider,regarding the pending CUE issues.

Hopefully you will get an IRIS response that makes sense.

What was the CUE claim for?

 

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Bertha,

The cue is for a reported decision that could not have been made. I found out about the alleged decision after requesting a rating evaluation for an old pending claim.

The date the the VA stated that a decision was made, was on 13 days into the 60 days allowed to submit evidence.

In addition, I continuously received ongoing claim development correspondence from the AOJ for at least 3 years after the alleged decision date.

I found out about the alleged claim after requesting that It be rated for a decision a few years after being promised that a decision would be forth coming, but I never received. 

Instead of the new AOJ using all of my past evidence submitted to support the initial claim to readjudicate it on the merits, they treated it as a claimed to reopen and used the alleged bogus claim to state I needed new and material evidence to open it. The newly assigned AOJ did not mention any of the development correspondence that I continued to received for the unajudicated claim that they somehow say a decision was made months earlier. 

I still have not been able to get a copy of that particular alleged decision.

I subsequently won the appeal for the reopened claimed at the BVA and now have a couple of rating increase appeals opened.

 

As I stated earlier, I had a CUE open for the above reason, but it has been closed with no indication that a decision notice has been sent.

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"I still have not been able to get a copy of that particular alleged decision."

I assume you have scoured through everything in your C file.

It is imperative to refer to ,and even attach a copy of ,any decision that a CUE is filed on.

Do you have a vet rep? 

 

 

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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)
        • 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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