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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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  • 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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      VA Compensation & Pension (C&P) Clinicians Guide 2 Final Corrected 20180719.pdf
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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"



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      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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CptDT

Level of detail in statement of events; MST

Question

I'm putting together a narrative of what happened during my service. There are court martial records, so establishing the events isn't an issue.

My question is how much detail should i provide about my experiences? 

That is, should i detail just the exact events or should i explain what happened during my service that led up to the events as well?

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3 hours ago, CptDT said:

She said I should seek treatment, but I didn’t break down totally so that’s good I guess.

I do not mean to sound callus, my heart goes out to any victim of MST and it chaps my hide to think of what they have to go through after the events, up to and including dealing with C&P's.

"not breaking down totally" is a tangent of something I tell everyone going for their C&P or treatment. NEVER try to "handle it", "put on a brave face", " man up", or any other trite saying that has been spewed at you by the military or society.

you don't get compensated for handling it. for not breaking down. for dealing with it. You get compensated for the level of harm the nexus events inflict on you and your ability to work.

I am not telling you to lie or exaggerate, you must always be honest but also always tell VA people including C&P and PCP docs the WORST situations/actions/outcomes. NEVER tell them you are handling it, doing okay, having a fun in the sun time of it.

to be blunt, almost crass, the C&P is about service connection and level of harm which translates to level of compensation. You don't get paid to 'handle it'. Doing so, or letting them think you are, means the event didn't harm you enough to be worth compensating you at the highest legal level.

If you choose therapy (the doc is right, get therapy) and the VA has access to those records the last thing you want them to read is:

Joe/Jane is living great and has a handle on their problems. They haven't had a bad day in months. or other such drivel.

I truly hope your doc was compassionate, oddly enough sometimes female docs are not the most kind when it comes to MST. I won't opine why, it just seems some are meaner on these type issues than many male docs are.

good luck, keep posting and letting us know what is up and keep helping others. and please help yourself and get therapy.

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Also I want to add that once your Diagnose with MST the C&P Examiner lets the VA Know in his/her report after the exam what they came to a assumption on as for as what you tell them or how you answer their questions and what symptoms decide what  your symptoms are  and the severity.

Then the rater uses a PTSD schedule rating chart for the symptoms you have to determine your rating.  They are rating from 0%  10% 30%50%70% 100%

so basically this examiner plays a large roll if were rated a fair rating or not?

   Unfortunately , if your not rated the appropriate rating for what your symptoms are  you will need to disagree with this after you get your decision.

NOD is form 21-0958 

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Also for some MST Survivors  therapy is not for them  some can sit in a therapy session and some can't  ..>your not required to do so  that is your choice.

I recommend you do what ever makes you happy or forget your past if that's possible? you got to do what pleases you its your life .

its a hard situation either way you look at it  being traumatized is something that some of us just have to learn to live with the best way we can.

I wish you the best.

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3 hours ago, Buck52 said:

Also I want to add that once your Diagnose with MST the C&P Examiner lets the VA Know in his/her report after the exam what they came to a assumption on as for as what you tell them or how you answer their questions and what symptoms decide what  your symptoms are  and the severity.

Then the rater uses a PTSD schedule rating chart for the symptoms you have to determine your rating.  They are rating from 0%  10% 30%50%70% 100%

so basically this examiner plays a large roll if were rated a fair rating or not?

   Unfortunately , if your not rated the appropriate rating for what your symptoms are  you will need to disagree with this after you get your decision.

NOD is form 21-0958 

I had some issue putting the history in proper order story-wise and had some issue getting certain things which led to some repeated stammering. I didn’t elaborate extensively though, and only responded to her prompts so I probably came off as a bit resistant. 

But I was honest with her,  so I just have to wait and see.

 

 

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9 minutes ago, CptDT said:

I had some issue putting the history in proper order story-wise and had some issue getting certain things which led to some repeated stammering. I didn’t elaborate extensively though, and only responded to her prompts so I probably came off as a bit resistant. 

But I was honest with her,  so I just have to wait and see.

being hesitant and having some date/fact order confusion is normal for people with PTSD and or MST events. Frankly if you come off too glib or polished you might lead the examiner to think your story has been contrived and practiced. well rehearsed if you will.

the below is from my own initial PTSD DBQ at the C&P


Criterion C-- Persistent avoidance of stimuli associated with the trauma and numbing of general responsiveness (not present before the trauma), as indicated by 3 or more of the following:
[X] Efforts to avoid thoughts, feelings or conversations associated with the trauma
[X] Efforts to avoid activities, places or people that arouse  recollections of the trauma
[X] Inability to recall an important aspect of the trauma
[X] Markedly diminished interest or participation in significant activities
[X] Feeling of detachment or estrangement from others
[X] Restricted range of affect (e.g., unable to have loving feelings)
[X] Sense of a foreshortened future (e.g., does not expect to have a career, marriage, children or a normal life span)

The fact is the inability to recall aspects of the event are a documented and specifically looked for condition of people with PTSD.

Our minds try to protect us from some stuff, and that stuff includes traumas we have not yet properly processed and or are not yet ready to process. Amnesia is another condition that is common after trauma events. sometimes it is permanent other times it just processes slowly until we can handle the information.

Our flashbacks and or recurring dreams are just leakage from behind the minds protective barriers. some barriers, like my own, leak like a sieve.

 

 

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  • Our picks

    • This is the latest Compensation & Pension (C&P) Clinicians Guide dated 20180719. The only other one I've seen is dated 2002, including the one on this website and the VA website. I got this from my claims agent, who got it from the VA.

      VA Compensation & Pension (C&P) Clinicians Guide 2 Final Corrected 20180719.pdf
      • 5 replies
    • I don’t say thank you enough to all of you...
      You, yes you, are the reason HadIt.com has remained a resource-rich resource. Thousands come each month to read, ask questions, or to feel a sense of community.

      Last month June 2020, we over 50k visitors they viewed over 160k pages. Veterans and their advocates, spouses, children, and friends of veterans come looking for answers. Because we have posts dating back 15 years and articles on the home page, they usually can find an answer or at least get pointed in the right direction.

      You all made that possible. Thank you.
      • 3 replies
    • Help HadIt.com stay online buy a subscription
      If you can afford it and want to help hadit.com consider buying a subscription this gives you as free viewing of the site and allows me to budget in subscription payments.
       

      You can try it for 1 month for $5 or get a monthly subscription or a yearly subscription.

      Subscribe here https://community.hadit.com/subscriptions/
      • 1 reply
    • VA has a special where we can ask questions TODAY, at 3:00 to "people that matter?"  Someone should ask why we can not ask them questions EVERY day, why today only? (This is a big problem with VA..the 800 number often does not give specific answers).  We should have people in VA who "solve Vets problems" like Allison Hickey did a few years ago. 
      • 8 replies
    • 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
      • 9 replies
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