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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 Dqm71
This is so exhausting, Granted 10 % in 10/2014 for Back injury lumbar strain I have not worked regularly since 7/2013 I have filed
appeal for through ATTORNEY for ( increase rating with secondary issues and documented records left right hip pain neck pain sciatica left side chronic low back pain with muscle spasm and
depression , TDIU many more ... I been on SSD since 11/ 2014 Just had my VA court hearing in May 2020 via ZOOM. I have 1000s pages of med report, Professional Expert Doctor Reviews What else can I do? advice welcome My chances of 100%rate increase or TDIU
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By Lfox
my saga
90% TDIU 8 years
7 back surgeries, 20% degenerative disc, 10% Radiculopathy, 70% stress disorder, 30% bladder
During one of my later surgeries on my spine the operation went completely sideways. They were installing a spinal stimulator and it didn’t go well. When I woke up I was paralyzed from the neck down and bleeding internally at the surgical site. I had to be rushed back and reopened to rectify the screw up. After I woke up the second time, I regained most of my movement back except for the use of my bladder. I’ve never urinated naturally since that day and man do I really, really miss it. I have to use a two foot piece of tubing in order to extract the urine. Which you could imagine builds up some animosity over the years. Coupled with a bad case ED from this procedure now we’re really having fun. I did get the bladder connected rate away and left it at that. My tendency to ignore things I don’t know how to process really hampers my existence.
So my only interactions with the VA was just calling every three months to renew my gear and meds. Fast forward to 14 months ago I woke up one morning screaming because it felt like my balls had gone 12 rounds with Mike Tyson. It’s been 14 god awful months and it still hasn’t subdued. It hurts so bad I vomit regularly due to the pain. My blood pressure was sent out of control.The headaches are also unreal. I even had some old hernias repaired on my gut to see if just maybe that would help, it didn’t. It was suggested it was a nerve spinal issue. So 5 days ago, I go get an mri done on the surgical site. My doctor calls me and tells me to come in and didn’t elaborate on the test. I did so and he then informs me I had a stoke in my spine, from the surgery, Also that the bladder hypertension, headaches and testicular pain were connected to this issue.
As far as the VA said they pretty much told me it was a medical mystery all these years and it might come back. They never said anything about a stroke and just thought it was the pressure on my spine when I was filling up with blood during the surgery. All the built up and suppressed rage from over the years came flooding out. I broke down, but am ok now. But, I’m worried that I my die from this sooner or later heart attack or another stroke it won’t be service connected and my wife and kids are SOL. I have no idea where to start. How do I S.C this VA surgical debacle? It was 6 years ago. They were installing it due to an S.C issue. I have chronic pain upper and lower back. I’m pretty much a professional with ignoring the pain what I can’t control (high bp during episodes, monster headaches, risk of stroke) is what scares me. Any direction on what type of claims this would start as is greatly appreciated. Thank you for reading
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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!-
- 13 replies
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Seekz, -
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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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Guest L
Hi - Just want to let everyone know there is hope if your claim is stalled. They are working at the Houston RO.
I got a call from DRO today, and told me I was granted IU with back pay. (PTSD/MST Rape & ATT Murder)
I have my Navy retirement too, so I think this is the end of the road for me as far as claims go.
I will continue to pray for adjudication with other claims. This was exhausting.
Graduating in 72 days with my BS in Criminology- Thanks Voc Rehab.
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Berta
Probably every one of us have made mistakes with our claims , L, but I love what you said...there is Pride in knowing you did this by yourself... When I had vet reps, long ago , they made far mo
Inarticulate&Distorted
BIG WIN! now, take a breath, and pick your Shield back up, still have a few more waves to surf over. gotta get that P&T. you may irrationally think it's "greedy" or some sheep dip. but you have to
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