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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.
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Wayne TX

Deviated Septum decision

Question

Back in May 2015 had a IME/IMO exam and was told I should put in a claim for deviated septum cause I had surgery for same while on active duty and again the same exact surgery in 2009 at VA.  I had no intention of applying for it until it was brought up.  I went ahead and submitted and  it got denied, did an NOD and still sitting in Appeal now.  I have not had any additional deviated septum surgeries since filing (2015) and no more clinical indications another surgery is needed therefore MY QUESTION: 

(1) Does the fact I have had two surgeries mean anything as far as service connection goes or.... 

(2) is this just a lame duck I should cut loose since no more surgeries have occurred since 2009. 

Final question,  if still sitting and waiting on multiple Appeals does dropping one of those Appeals speed the others along any faster or does it even matter?  Can those on Appeal be processed individually at any point in time that RO decides to overturn same..... or do they wait until all of the Appeals made and filed together are fully decided one way or another?  Just seeking some opinion on this from more seasoned folks in Forum.

Edited by Wayne TX
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For purposes of my response, let's assume this is a new claim and not secondary to anything else.

You'll need:
1. Event/injury while in service: Septoplasty surgery
2. Current diagnosis of a disability related to #1
3. Medical opinion connecting #1 and #2

By itself, surgeries do not necessarily mean you can be SC for them. You'll need to show that you have a current disability per the VA disability rating criteria (https://www.ecfr.gov/cgi-bin/text-idx?rgn=div5;node=38:1.0.1.1.5). I assume the explanation in your denial letter was based on #2 and/or #3.

Common disabilities involving a septoplasty would be for sinusitis and/or allergic rhinitis (if septum is found deviated). But if your septum is now straight (no longer deviated), that criteria would no longer apply going forward. Even after septoplasty, it is still possible for the septum to be damaged and go back to being deviated. However, have you had any complications since the surgery? In the case of sinusitis, having surgery doesn't mean your problems are guaranteed to be gone. You can still have episodes, crusting, etc... Go through the sinus rating criteria (see above link) and compare your related medical treatment records. Look for and reported symptoms and/or diagnosis which matches up to the rating criteria.

Back in the 1990's, my appeals related to allergic rhinitis w/total sinus blockage and deviated septum took about 4 to 5 years to finally win. I had the event/injury in service and a current diagnosis, but what I needed was a medical doc to tie it together with strong medical justification.

 

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Vync.......I think I was denied on all 3 counts, but basically I was denied because they said I did not incure a traumatic injury while in service, which is true but I did get into a fist fight and took a few blows to the face and on the nose but no broken nose.  Of course, the incident was never reported and the bruising was minor......therefore no sick call was needed and no record ever found its way into SMR.   I did not know I had a deviated septum until they told me I had one in service and did not know I had it again in 2009 until VA told me.  Both required surgeries to correct my deviated septum to simply breathe better.  As of now no complications of a deviated septum exist.  I am s/c for both sinus and allergeric rhinitis and awaiting appeal for Sleep Apnea (which should be over turn as now on CPAP - wasn't on the machine when I first filed just diagnosed), which all three very active, current and being medicated.  That is why I am not sure what action to take...hold or fold. The question what if deviated septum started closing up again out of the blue and I needed a third surgery?   

 

Edited by Wayne TX
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If your ability to pass air through your sinuses worsens, surgery could be a potential option, but not necessarily a permanent solution. My sinus surgeon said the turbinates can grow back and a straightened septum could become deviated if I experienced trauma.

Claim-wise, using a machine and having an SA diagnosis are not necessarily guaranteed SC. You would still need a doc to opine in your favor and relate the diagnosis to your service or secondary to another disability.

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makes sense......I got two IMO's stating two (2)secondary s/c applied to Sleep Apnea.  

 

 

Edited by Wayne TX

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Wayne, not being on CPAP or BPAP would not in and of itself be grounds for a SA DX not to be Awarded an SC 0% or the next higher rating before the 50%.

It would be very helpful if you would post a redacted copy of the Denial Letter, specifically the Rater's Decision reasoning and the list of Evidence of Record (EOR) reviewed. The SA SC is very difficult to link as a Secondary Issue, as your Denial demonstrates.

Redacted copies of your IMO's and any actual Clinician Notes linking the SA to your Active Duty would also be very informative.

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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.



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