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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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  • 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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Tbird

Finding information on HadIt.com

Question

Screen Shot 2017-05-16 at 9.53.13 PM.jpg

Finding information on HadIt.com

  • First option Search there is a ton of information on HadIt.com Veteran To Veteran and your question has probably been asked before so the fastest way to find the information you are looking of is to search for it.
    • Just type in the search box whatever you are looking for:
    • Examples:
    •  va disability calculator
    • agent orange symptoms
    • va form 21-0958
    • development letter sent
    • moved to pending decision and so on…

The search engine is powered by Google so the same queries you would use in Google will work in our search. Worth A Read – Five Ways Google Is Your Friend by Benjamin Krause from DisabledVeterans.org

  • Second option is to ask your question in our VA Claims Research Forums
  • Here are some great tips from one of our members
  • Posting in 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’.
    • People scan titles very quickly so posting a clear question will elicit more responses.
    • Most folks don’t reall all posts everyday and tend to gravitate to those topics that are familiar to them or interested them.
    • Putting the right Topic Title will make it easier for those familiar with your question to quickly spot it and respond.
    • Use paragraphs instead of one huge, rambling introduction or story.
      • Please don’t type in ALL CAPS it makes it difficult to read. This is all about readability we are sensitive that some poster’s disabilities make typing difficult and we are not talking about them.
      • If you are not sure where paragraphs go just break you post into short readable chunks.Leading to:
        Post clear questions and then give background info on them.
      • Example: Too little information. 
        • I was previously denied for apnea – Should I re-file a claim?
      • Clear concise background with question, excellent. 
        • I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?
      • Too little information. 
        • I may have PTSD- how can I be sure?
      • Clear concise background with question, excellent. 
        • 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.

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    • Rating "Protections"
      The VA has several regulations governing various levels of "protection". The terms "permanent", "protection", and "total" are misnomers due to the various ways the VA has defined them.

      Here is some information on VA ratings protection (but the word "protection" has a different meaning to the VA). The exception to these rules is if they can prove fraud.

      5 years

      The key part to remember about the 5 year rule is found 3.327(a) indicating that these are guidelines which are not necessarily set in stone. The key takeaway for most veterans is reduction should not occur if there has not been material improvement over 5+ years or if the veteran is over the age of 55.

       

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      Disclaimer: I am not a legal expert, so use at own risk and/or consult a professional representative. The VA updates their regulations from time to time, so this information may become outdated.
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    • Everything Veterans Affairs does with your service connected disability compensation claim, is governed by law. You may want to bookmark this page as a reference as you proceed with your claim.

      It can be a bit daunting. Just remember the U.S.C. is the law, the C.F.R. is how they interpret the law and last but certainly not least is the V.A. adjudication manuals that is how they apply the law. The section of the law that covers the veterans benefits is Title 38 in the U.S.C. in the C.F.R. is usually written 38 C.F.R. or something similar.

      It's helpful to understand how statutes, regulations, and VA directives such as the VA’s Adjudication Procedures Manual, the M21-1MR (Manual M21-1MR.) are related. Of these three sources of law, the statute, written by Congress, is the highest form. The statute that governs veterans’ benefits is found in Title 38 of the United States Code (U.S.C.). The VA writes regulations to carry out the laws written by Congress; these are found in Title 38 of the Code of Federal Regulations (C.F.R.). The VA’s internal instructions for adjudicating claims are contained in the Manual M21-1MR. VA regulations may not conflict with any statute; the manual’s provisions may not conflict with either statute or regulations. If they do, the Court has the power to invalidate them.

       










      U.S.C. United States Code United States Code is the law and the U.S.C. is the governments official copy of the code.


      U.S.C.A. United States Code Annotated U.S.C.A. contain everything that is printed in the official U.S. Code but also include annotations to case law relevant to the particular statute.


      C.F.R. Code of Federal Regulations The C.F.R. is the interpretation of the law


      VA M-21 Compensation and Pension Manual


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    • I was unable to find a reply box to your post.

      We have a full Agent Orange forum here.

      Many veterans (and even their survivors) have succeeded in getting a disability, not on the presumptive list, service connected due to their proven exposure to AO.

      Also Secretary Wilkie is considering a few new presumptives, but we have no idea if  he will even add any to the list.

      I wrote to him making a strong argument, as  to the potential for HBP to be added, as well as ischemic stroke and have prepared a personal claim based on the same report a veteran used at the BVA, who also had a strong IMO/IME, and the BVA recently granted his HBP as due to his exposure to AO in Vietnam.

      Most veterans with HBP were deemed as having "essential" - a medical term for no know cause- now we have a cause in Vietnam veterans---AO caused it.

       

      The report is here:

      https://www.nap.edu/read/25137/chapter/2

      On page 8 they found there is "Sufficient" evidence that AO caused HBP in Vietnam veterans.

      The BVA case and this report is also searchable in our AO forum.

       

       

       
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