Jump to content

Announcements



  • veteranscrisisline-badge-chat-1.gif

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    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 ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    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

  • Ads

  • Fundraising-001.jpegFund HadIt.com Veteran to Veteran LLC

    HadIt.com Veteran to Veteran Fundraiser
    Revenues are down, costs are up and I need your help. Financial gifts are always appreciated but never required. If HadIt.com has helped you and you can give back a little it is appreciated Give here https://community.hadit.com/donate/make-donation/

    Give a financial gift to help with the upkeep of HadIt.com. HadIt.com is NOT a non profit. Gifts are not tax deductible, they are just gifts. 

  • 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
  • Advertisemnt

  • 0
Sign in to follow this  
treysnonna

Retro pay and changing ab8

Question

They gave hubby 20% increase in diabetes.  Which he was at 80, so it brings him to 90, so how long does it usually take ebenefits to catch up and show on the AB8?  They made decision on the 30th of May.  They are only paying it for tw yrs.  it is not going back to the Jan of 12 when we filed it.  Their reasoning was that in 2012 the our doctor put down that , he was on insulin, restricted diet, and limited mobility.  And theva dr said he was not on a diet.  Spouse he could tell that from just looking.?  And then when it went to bva we had our drs. Write up a letter, that said hubby was on restricted diet, insulin, and restricted activities.  So as not to drop his sugar too low.  And that was sent in 2016.  So that is why they chose to only give him the increase from 2016.  The dr also put down he was unable to work due to his service connected disabilities.  And that is why they are telling hubby to put in for iu.  That along with ckd has been remanded back to amc or original ro that made the initial decision.  So we are not sure who has it yet.  We are waiting on someone to contact us.  And send us forms for iu.  Does that necessarily mean they will approve iu.  But the two yrs retro should not be that hard to figure out.  10% for 2 yrs.    and we will ask for reconsideration for the increase to go back to 2012.  What do you guys think?

Share this post


Link to post
Share on other sites

Recommended Posts

  • 0

When the decsion arrives, you want to file a nod disputing pretty much all issues:

Dispute the disability percentage(s) and the effective dates.  Submit evidence, not your opinions.    Medical evidence.  Order your cfile if you have not already.  Read it to see what evidence the VA has, and compare it to what you know to be true.  If there is missing evidence, say for a medical exam that is important/relevant, then submit that as new and material evidence under 38 cfr 3.156 b, or if missing service records, 3.156 c.  

A "pending claim" means that your effective date will go back to the date first filed and you dont need to raise the standard of review to CUE level.  Read 3.156 b "pending claims".  Pending means that, well, its pending in appeals or initial evaluation.  

It does not become final until a year after your VARO decsion AND you dont file a nod.  

If you file a nod within a year, then your claim iremains pending until The BVA decides.  

If you appeal the BVA decision to the CAVC, its still pending.  Only after you have either exhausted all appeals, or let the appeal period laps by not appealing does your claim become final.  

You are on to the VA's Thrid favorite thing:

1.  Denials.

2.  Delays

3.  Lowballing.  They lowball your disability percentge and lowball  you again on the effective date.  

      These are the 3 things VA does best.  You have to fight them at every step.  

Download the TDIU form and send it in, if you are not working.  https://www.vba.va.gov/pubs/forms/vba-21-8940-are.pdf

     With TDIU you need to show:

You are unable to maintain SGE (substantial Gainfull employment) because of sc conditions.  SGE means the poverty level for your number of dependents, something a bit over 10,000 per year.  

     Your doctor needs to opine that your service connected condtions prevent you from maintaining SGE.  A voc rehab assessment is sometimes also needed.  

      Remember, VA employees, (and, indireectly VSO's) get paid by your opponent at law (VA), so their advice is tainted for that reason.  

     VA loves to "poison" your claim by doing stuff like saying, "Naw, dont appeal this, if you do, you will be reduced instead."  This is poison, so dont eat poison!. 

Share this post


Link to post
Share on other sites
  • 0

Thee thing I feel the va is totally ignoring, is we submitted this claim for ckd/renal insuffiency, as secondary to sc diabetes. They are trying to relate it to cads.  Hubby has had diabetes since 1998.  They say and it was granted in 2001.  I need to get that corrected, by callin Little Rock Ro.   But he was diagnosised with ckd in 2011.  He was diagnosised with cads in 2013.  Now he had the aortic valve problem since 2008, and we did put a claim in for that as secondary to diabetes.  It was denied.  I’m wondering if the surgeon would have different opinion on wether the valve problem and cad are linked together.  But I don’t know if this needs to be brought up that he had diabetes yrs to do this damage, but was diagnosised with the cads after he was diagnosised with ckd.  I’m confused here.

Share this post


Link to post
Share on other sites
  • 0

So, a couple of Attorneys from American legion contacted us, and they want to appeal the increase effective date for his diabetes.  The va only granted it back to aug of 16.   The  attys want the effective date to go back to Jan of 12. We got it back in the mail today, with the $50.    

Edited by treysnonna
iPad did not correct spelling

Share this post


Link to post
Share on other sites
  • 0

They have already rated it.  Since it was granted at bva level, and the rest of the claim was remanded to Wyoming, are they the ones that rated thee diabetes?  Who would we call to check on this we have had no increase in percentage since aug of 16.  So it should be a no brained.  

Share this post


Link to post
Share on other sites
  • 0
On 6/12/2018 at 8:14 PM, treysnonna said:

We are waiting on someone to contact us.  And send us forms for iu.

Dont wait, take the initiative and send in the form for TDIU yourself.  You can print it off from here, or ask your VSO to print it for you, if you dont have a printer.    Sorry I missed this earlier.  Each month you delay sending in the form could cost you the difference between 100 percent and 90 percent, which is a large amount, NOT 10 percent like one would think.   Even better, your kids could get Chapter 35 earlier, which could be a big deal for them especially if they start school in the fall.  

https://www.vba.va.gov/pubs/forms/vba-21-8940-are.pdf

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this  

  • Ads

  • 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
      • 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)
        • Like
      • 9 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines