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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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    • 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.
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    • 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. 
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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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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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2 hours ago, CptDT said:

ea, I don't think I relayed how things are very effectively in the C&P. 

here's a blip for ya. one of the common characteristics of people with ptsd are inconsistencies with the event details/timeline. we also share a  tendency to put on a good face under questioning about our lives. an experienced examiner will know how to read between the lines.

don't expend any energy trying to second guess or worry about the c&p right now. I don't remember if you said if it was done at the VA or at a contractor site. If at the VA then in about 3 days it will be in your Blue Button files. If at an outside contractor it will take 2 to 4 weeks before it is in your c-file.

Call Peggy and she will tell you if the files are there.

If they are there then you can file for another c-file or try and contact your local RO Release of Information office sometimes called Record Management office.  You want to get your entire C&P packet which includes the doctors notes and the request for the c&p. you must ask for these explicitly no matter where you get them from.

You have to fill out an FOIA and it should be both explicit and general

I am requesting

1)

2)

3)

4) and every other file, note, test result, xray, mri, cat scan, or document related to the aforementioned C&P (pick which apply)

the point is to capture the stuff the VA doesn't send us or automatically put in the c-file.

https://www.oprm.va.gov/foia/where_foia_request.aspx

this link has a few excel sheets on them for FOIA requests for both VA Health and Administration/Benefits. find yours and try to set an appointment to get your stuff.

 

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1 minute ago, GeekySquid said:

here's a blip for ya. one of the common characteristics of people with ptsd are inconsistencies with the event details/timeline. we also share a  tendency to put on a good face under questioning about our lives. an experienced examiner will know how to read between the lines...

I found it in healthevet already: 

 

 

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17 minutes ago, CptDT said:

I found it in healthevet already

that is great, but IMO you will still want the other stuff in the packet in the event you wish to NOD the rating or have other legal action. The three items I listed must display a close affinity to each other. In other words the request must state exactly what they are looking for, the dbq must address all of those things and the notes must support both. If there is a variance you might have an opportunity for a higher rating, earlier date, etc or if need be if the rater strays from the dbq and denies you will have proof of their not having read the files and results and or trying to find negative evidence instead of working to maximize you claim.

IMO it is better to do this now than to wait, but you do what you feel is necessary.

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The DX will be for PTSD due to personal trauma(MST). MST is the cause, like getting hit by a truck. The truck then isn't the DX, the injuries caused by hypothetical truck are. PTSD is the result of the MST. Once you get that DX, I highly recommend you ask to be transferred to your local Vet Center. They deal specifically with PTSD, in their counseling therapy. And their notes are not accessible by the VAMC. So you can freely speak of all things pertaining to you, with no fear of big brother VAMC looking to find something to screw you over with. And it's a much more relaxed atmosphere as well. All the counselors will be Vets themselves with PTSD...which means they will understand what its like. As they been there and done that too.

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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
        • Thanks
        • Like
      • 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.
        • Like
      • 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. 
        • Like
      • 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)
        • Thanks
        • Like
      • 9 replies
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