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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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      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.
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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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Buck52

Better to report medical conditions while still in military!

Question

I just wanted to let active military personal know that its a lot better to have any and all medical conditions reported or Documented while your still in the military.

Do not Put off going to the Docs while your still in the military, a lot of us older Nam Vets  put off going to the dispensary or sick call for aches and pains  for  (proud reasons or that it was just something we chalk up not to seek medical help .

  and THAT is a BIG MISTAKE

...for compensation claims purposes later on down the road after your out  if you had any of your conditions documented while in military no matter what it is..   it makes it a lot easier  for service connection to be established.  if you ever come down with something that you had while in the military or it gets a lot worse

so while your still active in military  if you have any medical condition that you get while serving  go see the Dr's   you maybe glad you did in the future and it sure could help your life for the better.

JMO

My 24 year old grandson gets tired of me preaching this to him .''.as he says ok grandpa I will'', he is a combat medic station in Z Africa under special operations for his deployment to?? he don't know  he sent us a Christmas video and he look so tired out and bored. he said he was in weapons trainning at the moment...and is locked and loaded when the time comes.

 

Edited by Buck52

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Yes, of course.  Its also much better to apply for benefits within a year of exit from service, as it will be presumed you got the disorder in service if you apply within a year.  

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On 1/17/2018 at 6:49 AM, Buck52 said:

I just wanted to let active military personal know that its a lot better to have any and all medical conditions reported or Documented while your still in the military.

Do not Put off going to the Docs while your still in the military, a lot of us older Nam Vets  put off going to the dispensary or sick call for aches and pains  for  (proud reasons or that it was just something we chalk up not to seek medical help .

  and THAT is a BIG MISTAKE

...for compensation claims purposes later on down the road after your out  if you had any of your conditions documented while in military no matter what it is..   it makes it a lot easier  for service connection to be established.  if you ever come down with something that you had while in the military or it gets a lot worse

so while your still active in military  if you have any medical condition that you get while serving  go see the Dr's   you maybe glad you did in the future and it sure could help your life for the better.

JMO

My 24 year old grandson gets tired of me preaching this to him .''.as he says ok grandpa I will'', he is a combat medic station in Z Africa under special operations for his deployment to?? he don't know  he sent us a Christmas video and he look so tired out and bored. he said he was in weapons trainning at the moment...and is locked and loaded when the time comes.

 

Buck.

I just saw this, and agree with you totally. Veterans exiting the Military Service need evidence of any injury, illness, or disease that they were diagnosed or treated for while in the military. Refuse Discharge until you have them, or you will eternally regret it.

I tried to get mine but was told they were lost in transit from Vietnam. Now, the US Army would not lie would it, just like the FBI wouldn’t lie. The FOIAs I submitted either rendered another lie, or a service record, like for military drivers license, or nothing at all, even a response. Now I just get told that they are withholding all of those that fall under the “ Deliberative Process Privilege “, which is every medical record for the immediate six months after my release from the “ infectious disease ward “. I had a number of conditions that are now presumptive, but the records are withheld per FOIA EXEMPTION 5 [ 5 USC § (5)(b) ].    

47 years later and they are still withheld, but I did get enough of them from Vietnam to show hospitalization for a month before being released for a period of “OVER 120 DAYS RECOVERY “, that I never got. The Army sent me 700 miles away, sprung a surprise medical retention board instead of the Disability Evaluation Board, without any notice, without any legal advice, without any of the “ over 120 days recovery time “, without any records, and without any idea what they were doing to my future. 

I tried to get the medical records ( I have the request copy from 1972 ) before discharge, but they said they were lost, and didn’t give me any of them. They will not give me any diagnosis or treatment records still, following my immediate return from RVN. Now, most things are going to the BVA so I will die without resolution because it will be 6, 7, 10 years. I ask to be advanced but didn’t get a response. They may surprise me and do something nice, like a review of everything, but i’m not holding my breath. 

Getting any medical records before discharge can change lives, and if you don’t, you will forever regret it.

victor Ray

 

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VictorRay,

I am sorry to hear about that.  It is a great warning to active duty vets.

vetquest

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I hope it is. I still cant get my Service Treatment Records per executive privilege. The VA has misled me my entire Adult life after medical evacuation out of Vietnam. They have lied the last four years and are probably lying today, and the VSOs are ignorant or VA employees, or both.

A WARNING: any surviving spouse must have their own individual autopsy on their passed spouse or you likely will be screwed. Hire a lawyer and have him arrange the autopsy and you communicate with the lawyer.

the VA will have their own done and try to say it is anything but a service connected condition that killed your loved one. I have been lied to for 47 years and can’t get my records. Now, if I do get 100 finally, I will never live the 8 or 10years they require. They did this to screw my wife. I will have to sue to get my medical records and have to sue for a lot of things to have the law squeeze a little honesty out of the VA. Pure corruption in St. Louis. You can’t trust any of them to do right!

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I can still hear my D.I.s and NCOIC saying be a man and HACK IT. Also to honor your commitment to the U.S. Armed Services.  Now many years later, it all seems like a bunch of B.S. while I fight to get the benefits I am due and nothing more.

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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
    • 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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