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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
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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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Kelly Severance

BVA Appeal Question

Question

Hello all.  I am new to posting, but have been researching on this site for awhile and have learned so much.  I have a question for anyone who can advise. Here is a short background on the case.  My husband filed his first claim in 2005 for service connection on Migraines and PTSD.  He was denied shortly thereafter and began an appeal which was granted (after several years and a hearing with VLJ) 30% in each disability in June 2011.  However he appealed the 30% on migraines because they are so debilitating and were causing him to miss a great deal of work.  He had his hearing in April 2017 and received a decision on March 7 2018 that he had been granted a 50% rating on migraines and a remand for TDIU.  Here is where the question comes in.  Vets.gov has recently updated their site and I was able to see all the past events from the FIRST APPEAL.  The timeline of that appeal stated that the BVA made a decision on his appeal on March 1, 2010.  However, the VA did not grant the issue until May 26, 2011 (that was also when the retro check was received).  I know the remand portion will take awhile, but we were hoping for the increased rating and retro soon.  We are almost at the 3 month mark now since the BVA grant.  Do you think we will have to wait 14 months for the retro like we did on the first appeal?  Thanks for any input!  

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Ok, so the BVA decsion was in March.  Unfortuantely, you have to wait on the VARO to "implement" the decision. The consensus is that this takes 1 to 3 months.  

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You should appeal the March 7th 2018  if they just paid the retro BACK TO april 7 2017

just tell them what you mention here that the decisions on his migraines was decided by the BVA on March 1 2010 and you believe the rero should have been made from that date. (March 1st 2010)

sometimes they try to wissel out of retro  but if you have the evidence to back you up  they have to go by that.

Also at this time request your hubby be given IU because he can no longer work!

You may need an IMO/IME exam and medical records read by a private Dr for the application to IU

   Get a Dr to to state he can no longer work or do any type of sedimentary work because of his sc disabilities/other evidence from his employer  he needs not to be working when applying for IU. ...if they gave him 30% for each disability and then an increase one to to 50%  ON one of these sc condition then he actually qualifies for the IU WITH A 80% RATING using the  CFR 4 .15 4.16 provision extra scheduler...this is used for WHEN a veteran that can't work due to their sc disability but does not reach the 100% disability Percent.

 

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Thank you BroncoVet and Buck52 for your responses.  

BroncoVet, We are nearing the 3 month mark since the BVA decision, so hopefully the VARO will implement soon!  It's very frustrating! 

Buck52, According to our VSO, who apparently has more info than we do, my husband is being paid back to the original claim (2005) at the 50% rate for migraines.  His total rating now is 60% (30% PTSD, 30% migraines; 10% tinnitus), so with the increase, his new rating will be 70%.  In addition, the judge informed him at his hearing about TDIU and told him that he might want to apply considering the severity of the migraines and the amount of work he has missed....so we did file a claim right after that hearing, which was denied by VA in a few months; HOWEVER: when we received the BVA decision, the judge had put a remand on the TDIU for further development (Which we believed was good news considering the TDIU was never part of the appeal).

Sorry, I got long winded.......... 🙂

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 Oh Ok so your waiting on the IU that is Remand at this time for a decision? B/C you appeal the denial for IU

I must read your post wrong  I was thinking he got two S.C.disabilities at 30% each and an increase to one of them to 50%   which would give him a combined rating at 80%

AS broncovet mention  you will need to wait until a decision is made at the BVA,it should not be to much longer now.

Just keep hanging in there!

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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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