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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.

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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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S.R.Adams

Scoliosis

Question

I was diagnosed with scoliosis in 1974 by the doctors at the indoctrination center in Jacksonville,Florida.I entered into the military in 1975, June. While I was in the military, my spine was aggravated and it progressed. I have filed for disability benefits, and have been denied. What else can I do?

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Can you scan and attach the denial here - as to the Evidence they used and their reasons and rationale for the denial?

(Cover your C file # and name,address prior to scanning it.)

You might have to consider getting an independent medical opinion/exam.

Ths is a recent scoliosis award, and I believe they have the rating criteria in the decision. The veteran also has an additional disability ,still being adjudicated at his RO, and there seems to be evidence that the seconday disability is due to the scoliosis:

https://www.va.gov/vetapp17/files9/1757754.txt

We can help more if we know more - it is the actual words of VA in their decisions that can determine the next step.

An attached copy of the C & P exam that led to the denial would help too and knowing what the examiner's qualifications were.

We had a male vet here some time ago -who got a C & P for a back or leg problem and the exam was done by a gynecologist. 😏

  Of course that exam was deficient.

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Bertha is 100% correct on this.

I was SC for Scoliosis only because my STR showed it after they said I had lumbar strain.

Since scoliosis is a sub specialty in orthopedic I went to a scoliosis specialist for an IMO. Without that IMO I probably could not have gotten SC. 

Its going to be hard to prove that there was progression of your condition beyond what would naturally have occurred without a specialists IMO. The tech in 74/75 was primitive compared to today. No MRI avail until 93 in the majority of US Hospitals, so they only had x rays. Did you get xrays in service? They are kept separate from the STR's, and you have to ask specifically for the xrays from St Louis archives. Helps if you ID the hospital, and month and year they were taken. If they exist its 3-4 months before you see copies, so jump on that fast.

Get on the phone and call every scoliosis center in your region, ask for IMO based on a review of records and an examination. Provide a concise analysis of the records, and bookmark everything so the specialist can go right to the info you give him in both STR and private treatment records. Make it easy for them and they may be kinder to you.   The IMO needs to state that your work in active duty did aggravate and make worse the scoliosis, and if possible, to what degree beyond what would be considered natural progression based on known medical literature. Make sure you add your own statement about what you have experienced with the Scoliosis, as well as spouse and family that are familiar with your trek. Parents statements describing back problems and your history would also be strong.  If its done right, the VBA will take one look at it and give you what you ask for.

I know scoliosis usually does not progress much at all unless the curve is beyond a certain degree. If you entered with a slight 12 Degree curve, your spec should state that it would have been very unlikely to progress on its own, if at all. The amount of progression should be well documented for this claim because it was identified when you were given your entrance exams.

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You need to file a NOD, disputing the denial.  Look up the "reasons and bases" for denial in your decision, read your medical file and see if they are consistent.  

You want to try to refute the VARO's reasons for denial.  As Berta said, if you post those reason for denial, we can (maybe) help you try to refute them.  

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Hi,

I agree with Broncovet...file a NOD to dispute the denial.

You have come to the best place for help and the place is Hadit.com

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I realize this is a old thread. I also have scoliosis but was not detected during my entrance physical. And I didn’t make any medical reports while I was in the army. But my back pain has increased and my knees seem to be getting worse

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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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