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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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    • https://community.hadit.com/searching-for-va-claims-information-on-hadit.com/

       

      Your question has probably been asked before so the fastest way to find the information you need is to search for it.
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    • How to get your questions answered...


      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on 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’.


      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.


      Leading to:

      Post clear questions and then give background info on them.

      Examples:

      A. I was previously denied for apnea – Should I refile a claim?


      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?



      B. I may have PTSD- how can I be sure?

      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.

      Note:

      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
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hemipepsis5p

Can you please ballpark my rating?

Question

Hello all!

So the long and short of my story is that I have bipolar disorder. My doctor checked 100% service-connected (diathesis-stress theory and all). I can't drive after 7pm and try not to drive after 6:00pm due to medication side effects (clumsiness from Seroquel and confusion from Lamictal). In the last 2 years, I have probably driven after 7pm about 10-15 times. I tried switching to Vraylar and it was gosh-awful. I mean, you know, people here know. The worst... Anyway, I have failed out of school for the last 4 semesters despite being of average smarts. I have lost 2 very good friends due to my manic states (one was my best friend for 8 years, the other was my 2nd best Army buddy). During the Winter I am usually totally "combat ineffective", as in I can barely leave the house, and do laundry every 3 weeks (instead of every week) and shower every 3 days. I also go for groceries probably every 5 weeks instead of every 3. 

I am submitting my claim through the DAV and my doctor has checked off deficiencies in: "work, school, family relations, thinking, mood" on one of their special forms.

Anyway, I know, it's just a lot of wah, wah, wah on my part (and I'm sorry to the vets who are straight-up paralyzed), and don't get me wrong, I am very lucky to not be a Vietnam vet who has been wronged, or a vet who has lost both both arms... but, can anyone guess what my rating will be? I will not hold it againstanyone even remotely. My C&P exam is on Wednesday and I am pretty anxious. I expect to hear my rating in about 3 months.
I think I will be placed at 70%. Any "wake up calls" or advice is welcome.

Best regards,
Hemi

Edited by hemipepsis5p

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So the C & P exam is specifically for BiPolar?

Does VA have ( by obtaining those records for you) or by your own submission of them- the private doctor's records on your bi polar?

Do you have a concrete nexus to your service for this condition? Such as were you diagnosed inservice with this disability?

I will try to find your other posts because there isnt much info here.

A good friend of mine had NSC bipolar and finally filed a claim. The claim took over 10 years.

I helped him get the info he needed. He had a manic episode inservice that the Navy did not understand ( in the late 1960s) and they threw him into the brig for it.

Long story. I knew his VA shrink (same one my husband had and who gave me grief counselling after my husband died) I presented the evidence I found in his STRs and Personnel file - evidence of the brig incident and the shrink wrote an excellent nexus statement for him which he presnted to the VA prior to their decision or maybe it just turned up in his records when the BVA read his appeal.

He went from nada SC to 100% P & T SC at the BVA. His retro was almost 1/4 of a million.

He also had been on SSDI for bi polar for many many years.

The wife became his fiduciary, which made sense to him ,as he might have spent it all in a very short timeframe.

I felt they even owed him more retro so I wrote a CUE for him but I dont know the status as he moved and never called me again.

 

 

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@Buck52 @broncovet @Hamslice

I have a nexus letter where my psychiatrist checked the 100% box for service-connection probability. Sorry I didn't include that in my main post.

Thanks to all of you for giving me some kind of ballpark to work with. I hope you all have a good week.

Edited by hemipepsis5p

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He didn't give a disability percentage, just the probability of service-connection at 100%. He's a private psychiatrist.

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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.



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      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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    • How to get your questions answered...


      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on 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’.


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      Leading to:

      Post clear questions and then give background info on them.

      Examples:

      A. I was previously denied for apnea – Should I refile a claim?


      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?



      B. I may have PTSD- how can I be sure?

      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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      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
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