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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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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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sovereign

There is no limit on filing claims nor a limit as how many claims you file

If I was you I would file on every thing you mention no matter how many...some you maybe denied on but you should be able to win most of these claims.

they will not go back that far(20 years ago) I don't think but they will use the date you first file for your claims...so why not just file for all your conditions at once.

Aslo as Gastone mention above  you have a year to file and 2 years if you file a INT (intent to file)  the ITF gives you a better EED(early efftive date) for your claims.

Request your C-File and start reading your medical records   or if you feel this is to hard for you to do your self?

check out an experience Veteran Attorney or a VA Certified Claims Agent  such as Alex Graham. (Asknod.org)

You came to the right place for help.

Feel free to ask any questions you want.

&

Welcome to Hadit my fellow brother Veteran.

Edited by Buck52

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Do you believe you're capable of Filing your own Claims?

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Yes, I probably could. I just don't know where to start. Like, when I file a claim do I need outside medical proof even though the VA has EEG, CT Scan and vision field tests indicating a brain trauma. Do I need outside evidence showing progression of my HEP C? It's in my file that I have it and also that I had blood transfusions from their surgeries. Do I file for sleep apnea, depression/ptsd, hep c, TBI, lateral pain in my hips, back from broken feet and limited mobility and use of my arms from the head/jaw/neck injury all at once?

I just get really overwhelmed. I just had a vision exam by a VA Optometrist last week and explained to him that my right eye leaks fluid and that's consistent with a brain trauma. I have chronic redness and swelling from it. He said I had dry eye and allergies (in one eye?). Then he wants to see me in two months after doing the field test that I failed. Why, if it's only dry eye and allergies--eye exams are annual? I need an ophthalmologist and there aren't any there.  Anyway, my point is, I don't have insurance and this is the first time I've used VA medical care. It seems the VA lies or evades about what's wrong. 

I can't even get action on a FOIA request for my C-file. Don't get me wrong, I'm not a victim mentality. I'm getting started and trying to gather information before I take action so the claims are solid. 

Hope this makes sense. But yes, I can file the claim(s).

 

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This might be a bit lengthy, but here are some additional tips which might help you out.

Try to obtain as many official records as you can get. This can really be helpful in a number of ways. I keep mine stored in a fireproof box, and I also scanned in everything to my computer for easy reference (it took me forever), but do what is convenient for you.

1. VA claims file (C-file), which should contain everything the VA has pertaining to you. These requests can often take months to fulfill. Having this can help greatly.

2. Military personnel record. You may be able to get this online via ebenefits or the my health e vet's Blue Button feature.

3. Any medical treatment records, regardless of in-service, VA or otherwise, and potentially any in-patient treatment records if you stayed in the hospital while in the service (sometimes those are stored at those hospitals). If imaging was done at a VAMC, the radiology department may have a separate records department and can give you a CD or DVD with the actual imaging and possibly the radiologist report.

As you get information from each source, take your time and go through it a bit at a time. It can be helpful to create a master list or index of key topics or events to help you find them later. If you have original copies of anything (typical back then), be sure to check the front and back of all pages so nothing gets overlooked. Based on your current diagnosed conditions, see if you can match any of it up to your in-service injuries and treatment. This would be a helpful basis for any new claims.

Regarding your hepatitis claim, if you never received a response from the VA, that could be a special case. Sometimes the VA never receives claim requests (i.e. lost in mail). However, if they received it, your submission should be in your C-file. If they responded, but never heard back from you, they would just close the claim as nonresponsive. There are cases where a veteran moves and never updates the address with the VA, which is not good. If they never developed the claim and never closed it, then that claim may still be considered open and would be beneficial to you.

Given you have 20% for ankle and 20% for knee, you may be able to file secondary claims related to those injuries. For example, if you now suffer from hip or spine issues, it could all be related to your SC ankle and/or knee. The 0% for misaligned jaw, if SC (as opposed to non-service connected 0%), could cause other problems with your neck, headaches, etc..., which potentially can be explored as secondary also. You can also file secondary claims for additional disabilities caused by medication used to treat your SC conditions. One examples is digestive problems due to NSAIDs (ibuprofen, naproxen, etc...).

You can always file for an increase for your current SC conditions if they have worsened. In many cases, you don't need a medical opinion, but merely need to have proof you meet the higher % rating. However, if you do not have any recent treatment records then the VA may send you for a C&P exam so they can evaluate how bad things are now. I believe it is always a good idea to compare the VA rating criteria against your medical records because it can help you decide if you should file and what to expect. I also have TMJ and was originally rated at 10%, but over the years as my records warranted higher ratings, I increased from 10% to 20% and then later from 20% to 30%. Here is a link to the VA rating criteria: https://www.ecfr.gov/cgi-bin/text-idx?rgn=div5;node=38:1.0.1.1.5

I hope this helps.

 

 

 

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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.



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      1998 - Initially Service Connected @ 10%



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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.
      • 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
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      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.


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      Post clear questions and then give background info on them.

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



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