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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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Rocket1949

P&T notice.

Question

What does the VA give you to show that you are permanent and total.The BBE didn't have anything directly stating that.  My Commissary letter on Ebenefits states "This total disability is considered permanent. You are not scheduled for future examinations."

Does that statement mean P&T ? Is there any other documents that would reflect P&T. Seems like there would be more documentation to indicate TDIU P&T.

Thanks

EDIT.  Looking at my summary of benefits letter it states " You are considered to be totally and permanently disabled due solely to your service-connected disabilities"

Sounds like P&T but is it?

Edited by Rocket1949
update

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Yes, VA often makes that real fuzzy in the VARO letter.  However, your commissary letter cleared it up.  You can use those ebenefits letters for all kinds of purposes, such as tax abatement (part/all of your property taxes paid..check on your state), and other free stuff your state offers.  Congratulations!  

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Thanks Bronco, I figured as much but wanted to hear it from the voice of experience. Can you explain the 5 year rule? Is there an age at which the VA exempts you from further exams? I understand that even thou you have no further exams scheduled that there is still the possibility of further C&P exams.

 

 

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Well, yes.  The 5 year rule is contained, in 38 CFR 3.344.  

https://www.law.cornell.edu/cfr/text/38/3.344

Section "C" explains you get all the protections mentioned in A and B, if you have had your rating for 5 years or more:

 
Quote

 

3.344 Stabilization of disability evaluations.

(a)Examination reports indicating improvement. Rating agencies will handle cases affected by change of medical findings or diagnosis, so as to produce the greatest degree of stability of disability evaluations consistent with the laws and Department of Veterans Affairs regulations governing disability compensation and pension. It is essential that the entire record of examinations and the medical-industrial history be reviewed to ascertain whether the recent examination is full and complete, including all special examinations indicated as a result of general examination and the entire case history. This applies to treatment of intercurrent diseases and exacerbations, including hospital reports, bedside examinations, examinations by designated physicians, and examinations in the absence of, or without taking full advantage of, laboratory facilities and the cooperation of specialists in related lines. Examinations less full and complete than those on which payments were authorized or continued will not be used as a basis of reduction. Ratings on account of diseases subject to temporary or episodic improvement, e.g., manic depressive or other psychotic reaction, epilepsy, psychoneurotic reaction, arteriosclerotic heart disease, bronchial asthma, gastric or duodenal ulcer, many skin diseases, etc., will not be reduced on any one examination, except in those instances where all the evidence of record clearly warrants the conclusion that sustained improvement has been demonstrated. Ratings on account of diseases which become comparatively symptom free (findings absent) after prolonged rest, e.g. residuals of phlebitis, arteriosclerotic heart disease, etc., will not be reduced on examinations reflecting the results of bed rest. Moreover, though material improvement in the physical or mental condition is clearly reflected the rating agency will consider whether the evidence makes it reasonably certain that the improvement will be maintained under the ordinary conditions of life. When syphilis of the central nervous system or alcoholic deterioration is diagnosed following a long prior history of psychosis, psychoneurosis, epilepsy, or the like, it is rarely possible to exclude persistence, in masked form, of the preceding innocently acquired manifestations. Rating boards encountering a change of diagnosis will exercise caution in the determination as to whether a change in diagnosis represents no more than a progression of an earlier diagnosis, an error in prior diagnosis or possibly a disease entity independent of the service-connected disability. When the new diagnosis reflects mental deficiency or personality disorder only, the possibility of only temporary remission of a super-imposed psychiatric disease will be borne in mind.

(b)Doubtful cases. If doubt remains, after according due consideration to all the evidence developed by the several items discussed in paragraph (a) of this section, the rating agency will continue the rating in effect, citing the former diagnosis with the new diagnosis in parentheses, and following the appropriate code there will be added the reference “Rating continued pending reexamination ___ months from this date, § 3.344.” The rating agency will determine on the basis of the facts in each individual case whether 18, 24 or 30 months will be allowed to elapse before the reexamination will be made.

(c)Disabilities which are likely to improve. The provisions of paragraphs (a) and (b) of this section apply to ratings which have continued for long periods at the same level (5 years or more). They do not apply to disabilities which have not become stabilized and are likely to improve. Reexaminations disclosing improvement, physical or mental, in these disabilities will warrant reduction in rating.

 

End of regulatory quote.  My comments:

At 5 years OR P and T, you can not be reduced unless you have "material improvement" under "ordinary conditons of life".  This means while you are WORKING.  If you are not "working", then your improvement is due to "bed rest" and you can not be reduced unless you are working.  Also see the other protections I have highlighted in BOLD, above.  This is a significant protection for 5 years OR P and T.  It makes it very difficult for VA to reduce you unless you go back to work.  

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Guest L

@Rocket1949 - @Broncovet Well put - My letter stated the same verbiage. For a good laugh - I went to get an ID card on base, The personnelman laughed, pushing my papers back at me - he said your Retired ID trumps the I00% IU.

if not, he stated these were the necessary papers to get an ID.   Uploaded to appraisal district with a notarized letter - Booyah - no property taxes.( in my state- make sure to check in yours)  Good Luck. 

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Job Well Done, ENJOY!

Just keep your eyes peeled for any additional SC, New, Secondary or Increase that would qualify you for SMC S (1) Statutory (additional SC's CSC of 60%) Housebound Rating. Your IU PTSD, for SMC S (1) purposes, is now considered the required (1) SC at 100%.

Semper Fi

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