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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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  • 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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    • 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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smith22

Vocational Rehab assessment & TDIU claim

Question

Background: 90% rated

70% PTSD with C & P exam date of April 2017

20% DDD Lumbar spine

20% radiculopathy left leg

10% left knee

10% right knee

10% tinnitus

I am applying for TDIU and SSDI.  Just filed both as of two weeks ago.  I also attended my first treatment for PTSD with VA.  She is recommending Prolonged Exposure treatment which I am not sure about yet.  Not sure if I can handle that just yet.  The notes from first appointment states: Clearly has PTSD and would make a good candidate for prolonged exposure treatment.  Lumbar back: MRI results:  Severe DDD L4-S1 & L2-L3,  bulging disc throughout and mild to moderate stenosis.    I have had back issues since 1998 and have done acupuncture, chiropractor, meds, message therapy and have records showing treatment up until about 2008.  I got frustrated with VA and quit going.  So I have a lapse in treatment records.  I finally got enrolled in choice and was able to get an MRI and awaiting neurology appointment to see what type of treatment. 

Have not worked since Feb 2016 when I was fired for anger outburst with my boss. He fired me over phone while driving to VA hospital couple hours away.  He stated I snapped on him.  I worked for them for 6 months.  In May of 2017 I was awarded 70% for PTSD and increase in lumbar spine. 

When I filed TDIU form I put I was not in treatment because I had not started yet even though I had appointment setup and was waiting to be seen. 

Question: Should I send in a self report stating my limitations and also notify in writing that I am now in treatment?   Also, I have contacted Pat Clifford of "cliffordvocationalservices" to review my medical records and possibly write a vocational rehab assessment.  Should I consider having him conduct an assessment?  Has anyone used his services? 

For SSDI: I sent in a self report and used the template that I found on site (Patrick self -report).   I am not sure if I should contact a lawyer now?  I do not want to get stuck in the appeals process for ever. 

If I need to add self report to TDIU claim:  how can I add that to file?   Also any recommendations on getting the vocational assessment from Pat?

I appreciate any advice. 

 

thank you

 

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Why pay for a Voc Rehab Assessment? Apply to the VA Voc Rehab Dept located at your RO, on your E-Ben page. You'll have an appointment within a couple weeks.

With your recent PTSD Award Letter, was an "Inferred IU Claim" referenced?

Could you post a redacted copy of your PTSD C & P DBQ, the Dr's statement about the affect on your employment? Any discussion of "Sedentary Work?"

Semper Fi

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Gastone,

C & P explanation letter I received for award:

We have assigned a 70% evaluation for you PTSD based on:  Difficulty in adapting to stressful circumstances, suspiciousness, Depressed Mood, Suicidal ideation, Impairment of short and long term memory, disturbances of motivation and mood, anxiety, Occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks (although generally functioning satisfactorily, with routine behavior, self-care, and conversation normal), Difficulty in establishing and maintaining effective work and social relationships, chronic sleep impairment, panic attacks more than once a week.  The overall evidentiary record shows that the severity of your disability most closely approximates the criteria for a 70%  disability evaluation. 

Note: the VA sent me to a contractor for my C & P exam.  I do not see my C & P exam notes in ebenefits/healthevet.  I have submitted a request for my C-file and exam evaluations, but have not received them yet.  I did not see anything about being inferred. 

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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
        • Thanks
        • Like
      • 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)
        • Thanks
        • Like
      • 9 replies
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