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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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    • Wonderful news way to hang in. I hope this gives you some well deserved peace. 
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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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sovereign

So Confused

Question

Hello everyone- I just discovered this site and am wondering if anyone could offer some guidance. While stationed in Sicily in 1979, I was in a head-on auto collision. Since Sigonella didn't have a hospital, I was medivac-ed to Naples where I had surgery for broken feet (with surgical screw) and broken knee. After a week, the nurse threatened me with a feeding tube if I didn't eat. I told her I couldn't open my jaws. They x-rayed and found both jaws broken. They didn't do ct scan or anything for my head injury. I was sent to Germany for my teeth to get wired. 

In 1991 a friend encouraged me to file a claim, which I did and was awarded 20% for ankle, 20% for knee and 0% for misaligned jaw. I didn't file a NOD or anything at the time. I also started having panic attacks in 1991 and agoraphobia (in my record) and subsequently had to quit my job in 1996. Since I lost my insurance, I haven't been to a doctor (except for a few minor things) in over 20 years. I've been reading a lot and see so many things I am eligible for file a claim for. Even things they put in their own c&p exam-- like TMJ and painful scars, etc.

I have recently started going to the VA for medical and would like to make several claims. I have hep c from the blood transfusions in Naples, I just had a CT Scan and EEG (both with abnormalities) and I can not walk more than half a block without extreme pain in my feet, legs and hips. I have serious depression and rarely sleep or leave my home. I have much trouble with memory, cognition, etc., so it's hard for me to figure out where to begin. 

Any guidance or suggestions would help tremendously.

 

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Since you are already going to the VA for care I would recommend you see a VSO at the facility.  A good veterans service officer will be able to pull your record together and see what you can apply for.  Since you never disagreed with your claim you most likely will not be able to get back pay but you can file for an increase in severity in your currently rated claims and file a new claim for your panic attacks.  Just be prepared since nothing happens quickly at the VA.  Good luck and come back, some people smarter than me will chime in pretty quickly.

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I think you should apply for "all the benefits you think you deserve" even if a VSO says no, as more than one VSO has "talked Vets out" of applying for benefits they eventually got and deserved.  VSO's are not doctors, and they are unable to assess your conditions, they have to rely upon you.    It may help if you understand you will likely need the Caluza triangle for each claim sought:

1.  Current diagnosis.  No diagnosis, no benefits. 

2.  In service event.  (Stressor, in the event of PTSD).

3.  Nexus, or a doctors statement saying your (current diagnosis) is "at least as likely as not" due to xx event in service.  

     You dont need a "diagnosis in service" , but its great if you have that.  

      If you are not working, due to sc conditions, you should consider applying for TDIU, and, maybe pension if you have very little or no income and served in what VA defines as "war time". 

      Dont forget to apply for Hep C, this is a big one.  Our resident expert on Hep C, is Alex Graham (asknod) who has won service connection for hep c for many vets, including himself.   

     

Edited by broncovet

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Yes, that's part of the confusion. I haven't had insurance in over 20 years, so no medical trail. I've recently started going to VA for medical. I've recently had abnormal EEG and CT Scan for head injury and they acknowledge my Hep C. I filed a claim for Hep c in 1991, but never heard from them and didn't pursue anything. I was very young and dumb and had the idea that I didn't deserve anything. A friend, x-military literally harassed me everyday to go file a claim. 

Now I am experiencing how messed up I am. The trouble is that I don't have insurance, so the VA is all I've got. 

The doctor told me the CT was normal, but I got copies of my tests and it clearly says abnormal white matter, etc. They did say the EEG was abnormal. Mostly they are focusing on non-service connected issues, even though I've requested a TBI screen and MRI for head trauma. I've asked for Hep C test progression and other things, but they just ignore that. I've been to see a patient advocate and they are mostly concerned about supporting the doctor/VA. 

Thanks SO much for responding! How do I connect with Alex Graham? I do go to Nod's website-- Just discovered it.

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Are you registered on the VA E-Ben site? How about the VMC "MHV" {My Healthy Vet) site?

You really need to start a NEW Claim on your E-Ben site to establish a "RETRO" Date. Just don't hit the Submit Button yet, you have 12 months to complete the on-line filing. If you're not sure how to get the MHV and E-Ben set up, check in with the Vet Learning Center at your VMC, they'll hook you up.

You were SC'd in 1991 and didn't use the VMC for Med Care after you lost your private insurance, really doesn't matter, but why?

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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%



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        • 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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