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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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  • 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
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      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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Uno

NOD Question

Question

I filed a NOD sometime ago and after sitting there for a year or so It came to life in Jan 2018 and a new C&P Exam was requested which was completed on FEB 2 2018,  The question is since it has been a few months with nothing is it a safe bet the they are preparing a SOC or does it actually take this ling to get back to reviewing the C&P Exam?

 

 

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The VA is  always slowwwww.

Have you been able to get a copy of the C & P results? Is it found in your ebenefits account?

 

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Associating, Safe Bet, I Assume, or any other such guesswork with VA Claims, DROs or BVA Appeals; is like using the Old Black 8-Ball to determine IF and When.

Did you request a DRO Review or DRO Hearing? What New & Material Evidence have you furnished with or since filing your NOD?   Can you post a redacted copy of the Recent C & P DBQ?

Ask your POA-VSO to review your C-File for any Rater's updates? If a NOD Denial is continued, it could take 4 to 8 months for an actual Denial Letter with SOC included to arrive.

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If your C&P was done by the VA you can go to the VA hospital personally and request the report and walk out with it.  If your C&P was done by a contractor you need to request it at the VA records office and it will take about three to six months.

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Help me with my reverse mat, 01/18 NOD New C & P, "Year or so" NOD Pending = Mid to end of 15 NOD Filing; so Appealed Award Issues Decision Letter received Mid to end of 2014, am I close?

That would put the SC's associated with this Claim as being held less than 5 years, correct? If so, any SC Held for less than 5 years can (Unless it's a100% Rating) be reduced based on a current DBQ, no need for the Rater to Review your VA Med Record for continuity of Improvement.

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18 hours ago, Gastone said:

Help me with my reverse mat, 01/18 NOD New C & P, "Year or so" NOD Pending = Mid to end of 15 NOD Filing; so Appealed Award Issues Decision Letter received Mid to end of 2014, am I close?

That would put the SC's associated with this Claim as being held less than 5 years, correct? If so, any SC Held for less than 5 years can (Unless it's a100% Rating) be reduced based on a current DBQ, no need for the Rater to Review your VA Med Record for continuity of Improvement.

You are very close to exact on the dates. Funny thing about review or hearing.  When I did some reading on DRO it sounded like the process was Informal hearing to discuss what's needed, Review by DRO the Hearing to discuss what's decided.  The more I read here on this site everyone seemed to talk about picking hearing so I checked my form and there is no checkbox for DRO Hearing just BVA or DRO Review.  So recently I typed a letter requesting an informal hearing to discuss what's needed.   

 

I will post the opinions but before I do let me give you a summary timeline. These are very important dates when you begin to read the opinions

1987 medically discharged from Army for Subluxing Bicep Tendon Bilateral

1988 confirmed in VA exam

1990 Confirmed in VA Exam but not impacting range of motion

1993  appears original condition has resolved itself however left with significant rotator cuff grating and impingement syndrome in both shoulders right worse than left

2014 shoulders progressively worsened over the years right worse then left.  opened claim for right shoulder and was awarded 20% for impingement syndrome and 20% for shoulder instability.  This exam was done at the Gaylord medical center about 20 miles from my house.

2016 Left shoulder began catching up to right shoulder, opened claim for left shoulder.  C&P exam found Osteoarthritis, impingement syndrome, torn rotator cuffs, guarding all shoulder movements, crepitus, Flare Ups and so on.  This exam was done in Clare 1.5 hours away as the PA in Gaylord no longer works for the VA(wonder why that is).

end of 2016 denied service connection for left shoulder filed NOD 

2018 Another exam requested for NOD went to same NP in Clare MI and she found nothing wrong except for Impingement Syndrome and Osteoarthritis,  Even the Crepitus was gone.

today birds chirping.

L Shoulder va Opinion 6-24-16.pdf

Dr letter IMO redacted.pdf

L Shoulder Opinion2018.pdf

 

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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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