Jump to content


  • veteranscrisisline-badge-chat-1.gif

  • Fund HadIt.com

    142%
    $2,133.00 of $1,500.00 Donate Now
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    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 ...
    Continue Reading
     
  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    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

Question

Benefit of the Doubt Rule When it comes to the Benefit of the Doubt doctrine, the statute is 38 USC § 5107(b). That statute says: “The [VA] shall consider all information and lay and medical evidence of record in a case before the [VA] with respect to benefits under laws administered by the [VA].  When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, the [VA] shall give the benefit of the doubt to the claimant.”

http://www.youtube.com/watch?v=bMO1CHmQx2E

★ JOIN US IN OUR COMMITMENT TO YOU AND OUR FELLOW VETERANS ★
▶ facebook.com/VET2VET
▶ twitter.com/VET2VET
▶ youtube.com/c/VET2VET

Link to post
Share on other sites
  • Answers 0
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

0 answers to this question

Recommended Posts

There have been no answers to this question yet

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Ads

  • Ads

  • Similar Content

    • By VETOVET
      After you have applied for VA service-connected disability compensation, you will eventually receive a phone call or a letter from the VA asking you to come to a Compensation and Pension exam (C&P exam). If you have several disabilities, you may be asked to report for several C&P exams. This is a routine request.
      http://www.youtube.com/watch?v=gPh1aNtcdfE
      ★ JOIN US IN OUR COMMITMENT TO YOU AND OUR FELLOW VETERANS ★
      ▶ facebook.com/VET2VET
      ▶ twitter.com/VET2VET
      ▶ youtube.com/c/VET2VET
    • By chomperjones
      So i know that and FDC requires you to submit all of your evidence of front.
      Now does this mean that i have to send in all of my medical records as well ior will the va get those?
    • By VETOVET
      Please, welcome new VET2VET podcast episode:
      #14 Undiagnosed Golf War Illness
      A prominent condition affecting Gulf War Veterans is a cluster of medically unexplained chronic symptoms that can include fatigue, headaches, joint pain, indigestion, insomnia, dizziness, respiratory disorders, and memory problems.
      VA refers to these illnesses as "chronic multisymptom illness" and "undiagnosed illnesses." We prefer not to use the term “Gulf War Syndrome” when referring to medically unexplained symptoms reported by Gulf War Veterans. Why? Because symptoms vary widely.
      Under long-standing VA rules, any undiagnosed illnesses used to establish eligibility for VA benefits by veterans of the Persian Gulf War must have become apparent by Dec. 31, 2011. The new deadline adds five years, extending it to Dec. 31, 2016.
      ★ JOIN US IN OUR COMMITMENT TO YOU AND OUR FELLOW VETERANS ★
      ▶ facebook.com/VET2VET
      ▶ twitter.com/VET2VET
      ▶ youtube.com/c/VET2VET
    • By VETOVET
      Please, welcome new VET2VET podcast episode:
      https://youtu.be/waV5t0HPtbM
      Today we are joined by Thomas Wendel, DAV National area supervisor for West Cost Region.
      Thomas E. Wendel served in the U. S. Marine Corps from 1983 until 1997.
      Since 1999, Tom has worked assisting veterans in processing various entitlement claims on the local, state and federal levels; first in Clare County as a county service officer and then when he came to work for the Disabled American Veterans in 2000. In 2008 he was promoted to the position of supervisor of the DAV Service Office in Detroit and later he was promoted to the position of supervisor of the DAV National area for West Cost Region.
      DAV is America’s largest, most effective veterans service organizations dedicated to the needs of those injured, ill or wounded in service. We have more than 1,300 Chapters in communities nationwide to help make sure veterans from all generations and their families get the benefits and support they deserve. Today, nearly 1.3 million veterans belong to DAV, and we encourage you to add your voice to the cause. Our programs and free services help all veterans get the health, disability and financial benefits they earned. Take advantage of our benefits claims assistance, medical transportation and employment resources. Your local DAV Chapter is a great way to connect with fellow veterans in your area.
      ★ JOIN US IN OUR COMMITMENT TO YOU AND OUR FELLOW VETERANS ★
      ▶ facebook.com/VETOVET2
      ▶ itunes.apple.com/us/podcast/vet2vet/id1077206523?mt=2
      ▶ twitter.com/VETOVET2
      ▶ youtube.com/c/VETOVET2
      ▶ plus.google.com/u/0/+VETOVET2
      ▶ goo.gl/app/playmusic?ibi=com.google.PlayMusic&isi=691797987&ius=googleplaymusic&link=https://play.google.com/music/m/Iiqawbuzg7eviiyqm6xz7kju62m?t%3DVET2VET
      ▶ feeds.soundcloud.com/users/soundcloud:users:198832065/sounds.rss
      ▶ soundcloud.com/vet2vet
      ▶ stitcher.com/s?fid=80842&refid=stpr
       
      ★ LIMITED LIABILITY CLAUSE ★
       
      THE INFORMATION AVAILABLE THROUGH THE VET2VET MAY INCLUDE INACCURACIES OR ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. VET2VET MAY MAKE IMPROVEMENTS AND/OR CHANGES OF THE CONTENT AT ANY TIME. ADVICE RECEIVED VIA VET2VET SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
       
      IF YOU ARE DISSATISFIED WITH ANY PORTION OF VET2VET, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE CONSULTING VET2VET.
       
    • By VETOVET
      Please, welcome new VET2VET podcast episode:
      https://youtu.be/9paX1-FyCaI
       
      Today we’re talking about SERVICE CONNECTION.
      When we talk about service-connecting a medical condition, disease, injury or illness to military service, we are talking about proving the relationship between the two.
      1) Direct Service Connection
      2) Service Connection by Aggravation
      3) Presumptive Service Connection
      4) Secondary Service Connection
      5) Service Connection due to Injury Caused by Treatment in the VA Healthcare System
      6) Special Service Connection Rules for Post-Traumatic Stress Disorder
      ★ JOIN US IN OUR COMMITMENT TO YOU AND OUR FELLOW VETERANS ★
      ▶ facebook.com/VETOVET2
      ▶ itunes.apple.com/us/podcast/vet2vet/id1077206523?mt=2
      ▶ twitter.com/VETOVET2
      ▶ youtube.com/c/VETOVET2
      ▶ plus.google.com/u/0/+VETOVET2
      ▶ goo.gl/app/playmusic?ibi=com.google.PlayMusic&isi=691797987&ius=googleplaymusic&link=https://play.google.com/music/m/Iiqawbuzg7eviiyqm6xz7kju62m?t%3DVET2VET
      ▶ feeds.soundcloud.com/users/soundcloud:users:198832065/sounds.rss
      ▶ soundcloud.com/vet2vet
      ▶ stitcher.com/s?fid=80842&refid=stpr
       
      ★ LIMITED LIABILITY CLAUSE ★
       
      THE INFORMATION AVAILABLE THROUGH THE VET2VET MAY INCLUDE INACCURACIES OR ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. VET2VET MAY MAKE IMPROVEMENTS AND/OR CHANGES OF THE CONTENT AT ANY TIME. ADVICE RECEIVED VIA VET2VET SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
       
      IF YOU ARE DISSATISFIED WITH ANY PORTION OF VET2VET, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE CONSULTING VET2VET.
       
  • Ads

  • Our picks

    • 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 
      • 10 replies
    • 5,10, 20 Rule
      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
        • Like
      • 53 replies
    • Post in New BVA Grants
      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.  
    • 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!
        • Like
      • 13 replies
    • 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,
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines