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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 kanewnut
I have attached my vocational assessment. I have attached my latest denial so you can see what is going on. Should I send this to the VA as a supplemental claim with new evidence to request an earlier effective date for my TDIU or just go straight to the BVA. Thanks
3-VA vocational assessment Redacted.pdf 2020-10-28 VA Decision Redacted for Hadit.pdf
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By Irving
Can anyone speak generally, or from experience, on how TDIU claims are affected when the applicant resigned from their last job?
I am 70% SC for PTSD. While I am currently working now, my condition makes it impossible, and management understandably wants to fire me for cause. They cannot do it before the strong union "protecting" me drags things out for months on end. I don't want to go through any of that. If I just resign and leave the job am I sabotaging the TDIU claim I intend to file?
Any insight or advice is appreciated.
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By harry59
Hello all,
I'm hoping to get some advice from members in this forum that may have been in my shoes, or knows someone who has been. I have been retired 22 years now after 20 years of service. I currently have a VA rating of 70% for back issues and headaches. The 70% rating breaks down to 40% for lower back, 20% for upper, and 10% for headaches. It's been nearly 20 years since I've been back to the VA for a rating increase. My lower back is worse now, and about 6 years ago I ruptured a disk. I also lost my job this past October because my back issues limit my mobility so much. I plan on going back to the VA around October of this year to try for an increase. I'm waiting until October because that will be the 20 year mark of my VA rating. I have definite trust issues and I don't trust the VA, which is why I've waited so long. I wanted to make sure they couldn't take the rating I have away.
I've had ongoing mental issues for quite a while now. Upon doing some research, it seems I have many symptoms of PTSD. My wife and daughter are encouraging me to start seeing a psychologist. I have no problem with that, but one of my questions is: would be a good idea to ask the psychologists office upfront if they would provide a NEXUS letter if they feel I do have PTSD related to my military service? My daughter advises me not to do that and to take the chance that they will supply one. Maybe I'm wrong, but I feel it's better to see a psychologist that I know will supply a letter. I feel a NEXUS letter carries a lot of weight, and it's frustrating when specialists tell you that your condition is likely caused by your military service, but they won't supply a letter to back it up.
Another question concerns TDIU. I've been working in the maintenance field my entire life. As stated earlier, I was let go from my job because I could no longer effectively perform the duties due to my very limited mobility. Of course my employer gave me a letter that I was let go because they were "cutting back." I know they were protecting themselves because I was one of the more senior and experienced techs there. In any case, my second question is: should I file for TDIU as well as PTSD at the same time, as well as any secondary issues that I feel may be related? Or should I just file for one or the other?
All replies and advice is greatly appreciated. Thanks to all who took the time to read this.
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By slangpdx
As posted in these forums:
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.
I was granted 70% SC for mental condition on Feb 18, 2011. Date of application was January, 2010. In either case it has now been over 10 years regardless of which date is used so SC status is secure, though rating percentage is not. I was granted SS disability in 2018 for the same reason as the VA SC rating, on the first try with no appeal. Does SS determination create an automatic presumption against lowering of rating, or greatly argue for not "improved on a sustained basis?" I have put off applying for TDIU for a while but believe I should now. I have an application with the county rep prepared and ready to go. I am 65, have not worked since May 2016. The SS determination is included as part of the TDIU application.
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By Wanderer
A fella claiming to be knowledgeable said I will lose my TDIU which is P&T at age 67 because that's retirement age. I think he's full of BS. Has anyone heard this before?
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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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- 53 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!-
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- 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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Joey Ross, -
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