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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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    • 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.
      • 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.
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SecurityForces03

TDIU granted, but also PERMANENT?

Question

Hi Everyone,

I am currently 90% Sc'd and was just granted TDIU. When I read the letter, this is what it says:

 

You have one or more service-connected disabilities:Yes

Your combined service-connected evaluation is: 90%

You are being paid at the 100 percent rate because you are unemployable due to your service-connected disabilities: Yes

You are considered to be totally and permanently disabled due solely to your service-connected disabilities: Yes

You are in receipt of special monthly compensation due to the type and severity of your service-connected disabilities:Yes

 

I am most interested in the section where it says I am Permanent and Total. But isn't TDIU just temporary? Can anyone shed any light? Also, I found out about the poverty level earnings. It IS BASED on you and your dependents. 

 

Thank you,

SECFO

 

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TDIU can be a Temp rating  for different reasons  mostly after a hospital stay for 21 days or longer to recover.

But in most cases 90% Combined rating is given when the S.C. disability only warrants a 90% rating  and you can't work because of this S.C. disability...

That is what TDIU is for..

  The P&T IS A GOOD THING  B/C your spouse can get  ChampVA Insurance  and you can get military ID Cards for you and your family  for shopping at the on post commissary /park passes  ect,,ect,,, IF IT SAYS ON YOUR AWARD LETTER THAT YOUR DISABILITY IS OF NATURE AND NO FUTURE EXAMS SCHEDULED   you should apply for the SMC  but I think you already have that  so your good to go.

just be careful about going back to work unless you want to or your disability improves , this working with TDIU P&T and just making the poverty level earnings of 12.400 or less is playing with fire in my opinion  & (this is a debatable subject matter with different interpretations) CHECK YOUR  CFR REGULATIONS  WITH A FINE TOOTH COMB

  I think poverty level  was change in 2016 to 11.400  anyway just make sure you understand the issues that can cause  if you ever get a Proposal to reduce the IU benefit's going back to work and getting TDIU P&T

jmo

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1 hour ago, Buck52 said:

TDIU can be a Temp rating  for different reasons  mostly after a hospital stay for 21 days or longer to recover.

But in most cases 90% Combined rating is given when the S.C. disability only warrants a 90% rating  and you can't work because of this S.C. disability...

That is what TDIU is for..

  The P&T IS A GOOD THING  B/C your spouse can get  ChampVA Insurance  and you can get military ID Cards for you and your family  for shopping at the on post commissary /park passes  ect,,ect,,, IF IT SAYS ON YOUR AWARD LETTER THAT YOUR DISABILITY IS OF NATURE AND NO FUTURE EXAMS SCHEDULED   you should apply for the SMC  but I think you already have that  so your good to go.

just be careful about going back to work unless you want to or your disability improves , this working with TDIU P&T and just making the poverty level earnings of 12.400 or less is playing with fire in my opinion  & (this is a debatable subject matter with different interpretations) CHECK YOUR  CFR REGULATIONS  WITH A FINE TOOTH COMB

  I think poverty level  was change in 2016 to 11.400  anyway just make sure you understand the issues that can cause  if you ever get a Proposal to reduce the IU benefit's going back to work and getting TDIU P&T

jmo

I confirmed with th VA that it is P&T which they stated requires NO more future exams.

Also, takes to the center manager who explained the poverty level depends on marriage status and dependents. Since I'm married with 3 children, it was closer to the 29K mark.

Also, working is frowned upon, however, having sheltered work or work that's NOT full time such as part time work, real estate, owner of a business, would be fine.

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what SMC are you talking about?

Edited by SecurityForces03

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SecurityForces03

As you posted above...not sure which SMC you have?

''You are in receipt of special monthly compensation due to the type and severity of your service-connected disabilities:Yes''

I understand the amount allowed to work and yes it matters when you have dependents added in.

 My point is you need to make sure your allowed to work  being on TDIU P&T

lOOK UP THE CFR REGS yourself &  do the research.

 Never trust anyone at the VA to tell you the truth,  simply b/c  its no problem for them if they miss- inform you. (they don't pay your Bills)

Ask them to send you a copy in writing that its ok for you to be working and getting TDIU P&T   Phone calls will not work as evidence if you do ever get a  letter of proposal to reduce.

    

 

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''I have a job, does that mean I cannot get TDIU?
No. In fact, TDIU (or just “IU) benefits are available under certain situations even if you are
working. However, income earned from employment must be at or below the poverty level, or
from a job that is considered to be “sheltered”. These types of employment are not considered as
substantially gainful employment (SGE), but rather “marginal employment”. Marginal
employment is considered as “earned annual income that does not exceed the poverty threshold
for one person as established by the US Department of Commerce, Bureau of the Census.” For
2016, the poverty level for which a veteran must be working under was $11,880.
A “sheltered” job could be something like a family business, sheltered workshop, or a position
created or modified to your own needs and is considered to be marginal employment, even if
that job earns an income over the current poverty amount. Sheltered employment means that
you are given special treatment due to your service connected disabilities that would not
normally be given to other employees. For example: a veteran with PTSD works for a family
friend’s business. The family friend provides the veteran with an office and duties that only
require limited interaction with other people. The veteran’s salary pays his bills, and is over the
current poverty threshold. But, because the job has been created to his individual needs (limited
interaction with other people), his job is considered to be sheltered, and therefore falls under
“marginal employment.” The VA cannot consider this job as being SGE, and must not use it
against him in determining IU status.''

 

Source: Jim Strickland (VA Watch Dog)

Edited by Buck52

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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)
        • Like
      • 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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