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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)
      • 4 replies
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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.
      • 3 replies
    • 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.
      • 2 replies
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Question

Yes I am there. My appeal only took eight months. In October , 2015, I was awarded loss of use of a hand and a foot and got the vehicle grant w/adaptive equipment and the SAH grant. I appealed that decision because upon any new 100% grant the VA is obligated by statute to consider A&A as an inferred issue and they failed to do that.

In December 2015, I appealed the decision because A&A was not considered as an inferred issue. My contention was,  I was awarded SMC "L" for loss of use of two extremities in the decision.  Had the VA considered A&A as an inferred issue at the time of that decision as they should have, I would have qualified for regular A&A. An A&A award is also a SMC"L" award. According to 38 CFR 3.350 and USC 1114 if you are entitled to two separate ratings between L and N you qualify for the "O" award. In my case I have two awards at SMC L that qualify for SMC "O". The A&A automatically goes to the R-1 rating if you obtain the prerequisite "O".

I got eight months retro but will appeal the decision for an earlier effective date of January 2011, the date that the loss of use claim was filed. More later.

Edited by jamescripps2

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It is of record that I called it a cue, but my argument is that the Board should have inferred A&A upon the decision granting loss of two extremities. M21 and Akles vs Derwinski support my contention.

Now, just think about this, a VAF 21-2680 is used to support a A&A claim, but keeping in mind that you are only required to file one 21-526 in a lifetime, what form would you use to actually file a claim for A&A. The day of a 21-4138 being recognized as filing a claim is gone. Have you ever seen or heard of a form to file for a "S" award or a "K" award, or for that matter, a form to file for any SMC? I did ask for A&A and a final R-1 rating on my RO nod and on my Form 9 that was certified to the Board. 

I was granted A&A, and loss of use of two extremities, resulting in the "O" award and the automatic bump to R-1 because of two SMC ratings between SMC "L" and "SMC "N". Like I said, I am going to COVA for a five year EED retro. The EED issue is the only item that is on the table for decision, and that is decision is dependent on the ruling of whether or not the A&A should have been an inferred claim. The decision, if granted, involves six figures in back pay after legal fees. It should be over with and done within eight months to a year if it is a single judge decision. A full panel decision in the case could stretch it out to maybe two years.

Considering that I have already been granted the maximum benefit in a partial grant, and was paid for the issue, the retro is a fixed amount and does not accumulate more retro with time as most claims do. 

After this pending Court decision, however it goes, the only thing left for me is R-2, should I ever need it, a burial plot and a flag. So far, it has been a long hard fifteen year road to prosecute what was called a frivolous claim. Never again can the VA say, "Mr. Cripps", "we never, ever used Agent Orange in the Continental United States"!

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James

u  quoted ''Considering that I have already been granted the maximum benefit in a partial grant, and was paid for the issue, the retro is a fixed amount and does not accumulate more retro with time as most claims do. ''

What about them no inferring the A&A  you should get retro back to 2011   correct?  I MEAN YOUR LOOKING AT A RETRO AWARD SAY 3.500 PER MONTH  that's  a whopping retro amount=''the retro is a fixed amount and does not accumulate more retro with time as most claims do. ''

I never heard of that above 

Anyway fight tooth and nail for that my friend.

keep us posted  I wish you the best.

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Yes Buck, If A&A would have been inferred, as it should have been, the retro would have gone back to 2011. SMC "O" and A&A at the rate of R-1 was finally granted in 2016. Considering what has just been said, I have been drawing at the maximum rate starting in 2016. With that in mind, if I win at the Court the retro will be due from 2011 through 2016 because I have been paid the proper amount from 2016 through the present date. Yes, you are spot on with the whopping retro amount x 59 months.

Along the way there have been ancillary and other benefits such as automobile grant with adaptive equipment, Special adaptive housing grant, clothing allowance, (three per year), a HISA grant, and many ILP items furnished. Up until now it has been quite an accomplishment for a pro se vet, but at the court I will need/use professional representation.

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Roger that James

I hear CCK LAW are pretty good reps...and also WODS&WOODS Attorneys. I do think Woods &Woods specialize in the EED...But don't quote me on that..

Personally I don't think they should hold or ''count'' the ILP stuff that you received  ''such as automobile grant with adaptive equipment, Special adaptive housing grant, clothing allowance,  but never under estimate the VA, they will try to squeeze that in and make a deduction if they can  but I don't think they can do that  with your retro amount owed to you...but then again this is way above my pay grade.

That 59 months sounds Great.

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The focal point and the argument in the case at COVA will be whether or not the SMC at A&A should have been inferred. If it is decided that indeed it should have been inferred everything else will fall in place. It is expected that there will be a  joint motion for remand, (JMR) back to the Board where the EED eventually will be awarded.

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  • Our picks

    • 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
      • 4 replies
    • Wonderful news way to hang in. I hope this gives you some well deserved peace. 
    • If HadIt.com has helped you or you believe in it’s mission then please donate even $1 helps. I hope HadIt.com has provided $1’s worth of help to you. Imagine waking up and there is no HadIt.com it could happen and that is why I’m asking for your help now.



       



      Our traffic is going up and so are our expenses, however revenues have gone down and so I am reaching out to you to see if you can help me keep Hadit.com up and running.
      • 4 replies
    • 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.
      • 3 replies
    • 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.
      • 2 replies
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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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