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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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  • 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
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    • 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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Question

At the behest of my psychiatrist at the V.A. on more than one occasion, I was asked why I did not request an increase from my 30% initial rating 8 years ago. I have no answer for that other than I felt like I wasn't deserving. After a particular hard day, I changed my mind, again at her request, and started the process. My symptoms have gotten worse as I get older. I have been working with the V.A. Psychiatrist and a "Medication Advisor" for lack of a better title the entire time. This process is bringing back all the bad thoughts that have been plaguing me since my first round with my claim. I am scheduled for another C&P exam next month and my anxiety attacks are now just compounded. I guess this is just the nature of the beast ? am I wasting my time and the level of sanity I have managed to maintain ? 

Edited by 1cavarty69

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Each Veteran makes a decision as to when/if they file a claim.  I have not met "ONE" yet, who regretted filing for benefits.  If you should be the first, then you can withdraw your claim, and VA will be happy to accomodate you.  

However, I have met many (including myself) who regrets waiting to file.  

Do you really think it will help your anxiety level by not filing?  

My experience has been that ignoring a 5000 pound gorilla in the room wont make him go away, if he is realy there.  

It sounds like your "gorrilla" is the real deal and you are dealing with your issues.  

I see it you have 2 choices:

1.  Deal with your issues. 

2.  Deal with your issues AND file for benefits and maybe get paid for them.  

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I sure can relate to that-my husband went through the same thing when he requested a rating higher than his PTSD ( at 30% since 1984)

By 1993 SSA awarded him SSDI solely for his PTSD.

In 1997 he was posthumously awarded 100% SC for PTSD. SSA used all of his VA records and VA could have awarded the 100 %  in his lifetime....

But you can get through this-

I guess this is just the nature of the beast ? " Yes it is.

"am I wasting my time and the level of sanity I have managed to maintain ? " Not in my opinion at all. 

Broncovet is right.

 

 

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+1 for Bronco.  

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On 5/29/2018 at 5:16 PM, Berta said:

I sure can relate to that-my husband went through the same thing when he requested a rating higher than his PTSD ( at 30% since 1984)

By 1993 SSA awarded him SSDI solely for his PTSD.

In 1997 he was posthumously awarded 100% SC for PTSD. SSA used all of his VA records and VA could have awarded the 100 %  in his lifetime....

But you can get through this-

I guess this is just the nature of the beast ? " Yes it is.

"am I wasting my time and the level of sanity I have managed to maintain ? " Not in my opinion at all. 

Broncovet is right.

 

 

I am so sorry to hear of your spouses passing. God Bless him for his service and the hell he was put through. 

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On 5/29/2018 at 3:04 PM, broncovet said:

Each Veteran makes a decision as to when/if they file a claim.  I have not met "ONE" yet, who regretted filing for benefits.  If you should be the first, then you can withdraw your claim, and VA will be happy to accomodate you.  

However, I have met many (including myself) who regrets waiting to file.  

Do you really think it will help your anxiety level by not filing?  

My experience has been that ignoring a 5000 pound gorilla in the room wont make him go away, if he is realy there.  

It sounds like your "gorrilla" is the real deal and you are dealing with your issues.  

I see it you have 2 choices:

1.  Deal with your issues. 

2.  Deal with your issues AND file for benefits and maybe get paid for them.  

I went ahead with the rating increase request (4/26/18), did my C&P (6/15/18) and it is now in "Preparation for Notification" stage (6/27/18)/ I had another appointment with the V.A.Psychiatrist after the C&P and she reviewed my DBQ online. I heard a "oh no" at the very beginning of her reading and then a "wait a minute" as she continued and ended with a "it looks pretty good, I think will be happy with the outcome".  Did she see the recommended increase ??? After driving myself nuts for a couple of days I went to the V.A. Outpatient clinic and got a copy for myself. Reading that really put the pedal to the metal on my psyche and I just folded it up and relegated it to my "V.A. stuff-save" drawer. I will be getting my answer hopefully soon. It just seems pretty quick to be positive........

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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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