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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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    • This is the latest Compensation & Pension (C&P) Clinicians Guide dated 20180719. The only other one I've seen is dated 2002, including the one on this website and the VA website. I got this from my claims agent, who got it from the VA.

      VA Compensation & Pension (C&P) Clinicians Guide 2 Final Corrected 20180719.pdf
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      You, yes you, are the reason HadIt.com has remained a resource-rich resource. Thousands come each month to read, ask questions, or to feel a sense of community.

      Last month June 2020, we over 50k visitors they viewed over 160k pages. Veterans and their advocates, spouses, children, and friends of veterans come looking for answers. Because we have posts dating back 15 years and articles on the home page, they usually can find an answer or at least get pointed in the right direction.

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    • VA has a special where we can ask questions TODAY, at 3:00 to "people that matter?"  Someone should ask why we can not ask them questions EVERY day, why today only? (This is a big problem with VA..the 800 number often does not give specific answers).  We should have people in VA who "solve Vets problems" like Allison Hickey did a few years ago. 
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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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Jay

Ebenfits Updates

Question

Helllo All

               I was hoping someone could help me understand.  On November 11, 2016 it will have been a year since I submitted a NOD DRO review.

I checked ebenefits to see if there are any updates or movement and there are none.  It is completely empty.   Can anyone shed some light as to why this is.  Will it always be this way?

By the way the case is a retro (back pay) I believe they owe me.

 

       Thanks for everyone's input

 

 

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I'm in the same boat as Jay. I filed an appeal this past March (2016) with my RO out of Albuquerque. Appeal was on a claim  to increase rating and add secondary disabilities. Since then, I've had my C&P and an informal hearing with the DRO. I'm told this is very quick by VA standards. Still, there's no new information on eBenefits. It just says that my appeal has been received. Peggy (chat & phone) keeps giving me the canned response - average of 408 days to make a decision. I've visited the RO twice. One of those times I was laughed at by the rep, saying I should expect to wait years. The second time, the rep told me that there's no way I could have had my C&P and hearing already. I made him look into it before I left and he verified that I had. Very frustrating, and I expect that I still have a long time to wait. My only question is why there's no status updates like there was for my original claim. Do DRO's keep everything off the books?

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In reference to questions which begin, "How long does it take the VA to ______?", I would defer you to the BVA chairman's report, which tracks "average" wait times.  Like yourself we are very frustrated at VA for taking sooooo long.  

Make no mistake about it:  VARO "sits" on appeals a VERY long time before they do anything.  If you break down the "average wait times" on the BVA chair report, you will see that much of the 4.66 year wait is at the Regional Office.   By the way, the 4.25 year wait just got longer this year, its now 4.66 years if you add up the numbers and divide by 365.  Its expected to get still  worse, too, in 2016.  

I will repost the BVA Chair's numbers for 2015:

Notice of Disagreement Receipt to Statement of the Case VBA 419 days AOJ

Statement of the Case Issuance to Substantive Appeal (VA Form 9) Receipt Appellant 39 days

Substantive Appeal Receipt to Certification of Appeal VBA 537 days

Certification of Appeal to Board Receipt of Certified Appeal Board 222 days

Board Receipt of Certified Appeal to Issuance of Board Decision* Board 270 days

Average Remand Time Factor VBA 255 days } AOJ *This includes the Board’s cycle time of 160 days. Cycle time measures the time from when an appeal is actually received at the Board until a decision is reached, excluding the time the case is with a VSO representative for preparation of written argument.

end BVA chairmans quote.

Notice that its almost 1000 days sitting at your RO.  (537 days plus 419) 

Also, there is nothing on the chairmans report that includes "with VSO" because VSO's dont want us to know they also sit on our claims, often for a year or so.  (Mine was 18 months, and the VSO lied to me about it.)  

It still takes the BVA a little over a year, after certification,  (270 days, plus another 160), but the VARO likes to sit on it 3 years before they do anything.  

Source:

http://www.bva.va.gov/Chairman_Annual_Rpts.asp

Edited by broncovet

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I got my answer and it was a denial.  I9 was submitted.  Guess I am waiting years now.

 

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Jay

Sorry that you were denied 

can you post the reason&Bases of their denial ''What We Decided''

It will help us help you!

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Jay, take a morning, and go downtown to the VARO at the McNamara Bldg 7th floor. Doors open 8am sharp.

Really doesn't matter but do you have a VSO? Right across the hall from the 7th floor elevators, are  4 or 5 different VSO HQ Offices. Find (1) that's open, with a Rep or MFIC on duty. They should be able to track down the status of your DRO Review.

Just between you & me, "11/11/16 makes it a year," your wringing your hands somewhat premature. Your NOD was for an EED, right. Uncompleted DRO Reviews take about 18 mos to receive a Decision, yours may take longer. Try and relax, dream about your Retro.

With all the above said, if you qualify for a Hardship bump in the line, let the VSO know. Are you Homeless, Dying or about to file Bankruptcy? File for the hardship bump.

Try and relax, have a Happy Thanksgiving.

Semper Fi

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  • Our picks

    • This is the latest Compensation & Pension (C&P) Clinicians Guide dated 20180719. The only other one I've seen is dated 2002, including the one on this website and the VA website. I got this from my claims agent, who got it from the VA.

      VA Compensation & Pension (C&P) Clinicians Guide 2 Final Corrected 20180719.pdf
      • 5 replies
    • I don’t say thank you enough to all of you...
      You, yes you, are the reason HadIt.com has remained a resource-rich resource. Thousands come each month to read, ask questions, or to feel a sense of community.

      Last month June 2020, we over 50k visitors they viewed over 160k pages. Veterans and their advocates, spouses, children, and friends of veterans come looking for answers. Because we have posts dating back 15 years and articles on the home page, they usually can find an answer or at least get pointed in the right direction.

      You all made that possible. Thank you.
        • Like
      • 3 replies
    • Help HadIt.com stay online buy a subscription
      If you can afford it and want to help hadit.com consider buying a subscription this gives you as free viewing of the site and allows me to budget in subscription payments.
       

      You can try it for 1 month for $5 or get a monthly subscription or a yearly subscription.

      Subscribe here https://community.hadit.com/subscriptions/
      • 1 reply
    • VA has a special where we can ask questions TODAY, at 3:00 to "people that matter?"  Someone should ask why we can not ask them questions EVERY day, why today only? (This is a big problem with VA..the 800 number often does not give specific answers).  We should have people in VA who "solve Vets problems" like Allison Hickey did a few years ago. 
        • Like
      • 8 replies
    • 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)
        • Like
      • 9 replies
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