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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.

      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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      • 9 replies
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paulcolrain

VSO AT BVA LEVEL SAY DELUCA DOESNT APPLY???

Question

SO ,,, ACCORDING TO MULTIPLE VSO'S AT THE BVA LEVEL ARE UNDER THE IMPRESSION THAT THE DELUCA ARGUMENT OF LOOKING TOWARD THE MEDICAL EVALUATION FOR FUNCTIONAL LOSS DOES NOT APPLY TO CLAIMS THAT ARE AWARDED WITH ORIGINAL GRANT OF SERVICE CONNECTION RATING CRITERIA...

LIKE WHAT???????

ACCORDING TO THEM THE APPEALS MANAGEMENT CENTER AT THE BOARD OF VETERANS APPEALS IS NOT LOOKING FOR DELUCA IF YOUR AWARD IS THE FIRST AWARD OF SERVICE CONNECTION. THEY ONLY CONSIDER DELUCA WHEN ITS A GRANT FOR INCREASE.

Edited by paulcolrain
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It sounds like you are already rated, so yours is an increase.  While I have not read DeLuca recently, there seems to be little, if any, distinction between "pain" on an initial claim, vs "pain" on an increase.  

In short, trust case law and your own research not even a "group" of poorly trained, uninformed VSO's, many of which got their information from other poorly trained, uninformed VSO's.   

Remember, the VSO sign a contract with, and get free rent from, the VA.  So, who do you think they represent, you or the VA?  

I wish I could get back "half" the money that poor VSO advice has cost me.  This is why there is hadit, VSO's have their own agenda which has little or nothing to do with your agenda.  

My VSO advised me that my 0 percent rating for hearing loss "was correct", that I should not file a nod for it, but should file for an increase, instead.  

While I have not tallied it up YET, this advice looks to cost me at least 50,000.   Im still fighting it, but it cost me "at least" the interest on 50,000 for 18 years.  

Edited by broncovet

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7 minutes ago, broncovet said:

It sounds like you are already rated, so yours is an increase.  While I have not read DeLuca recently, there seems to be little, if any, distinction between "pain" on an initial claim, vs "pain" on an increase.  

In short, trust case law and your own research not even a "group" of poorly trained, uninformed VSO's.  

Remember, the VSO sign a contract with, and get free rent from, the VA.  So, who do you think they represent, you or the VA?  

I wish I could get back "half" the money that poor VSO advice has cost me.  This is why there is hadit, VSO's have their own agenda which has little or nothing to do with your agenda.  

EXACTLY.... I COME HERE THEN I CALL THEM BACK AND THEY ALWAYS LIKE,,, AH WELLL AHHH  WELLL.,,,, YEAH I SEE YOUR POINT AND YEAH WE SHOULD FILE A NOD... THEN IM ALWAYS LIKE WOW,,, 

NO I WASNT SERVICE CONNECTED UNTIL JUDGE GRANTED THEN I WAS BUT JUDGE DECISION STIPPELATED THAT HE HAD NO JURISDICTION ON RATING BECAUSE IT WAS A NEW SC... THE RATER FAILED TO QUALIFY DELUCA WHEN LOOKING AT MY MEDICAL EVIDENCE THEN THEY GOT CAUGHT ON CUE... WHEN THEY RATED ME THEY WENT TO EFFECTIVE DATE OF REOPEND CLAIM BECAUSE ALL THE EVIDENCE WAS DURING THE APPEAL... THE CUE EVIDENCE WAS WHAT THEY USED AND THEY SAID SORRY WE MISSED THIS AND GAVE DATE OF MED EVAL.

SO THEY ARE SAYING THAT DELUCA HAS NO FORCE IN RATING A NEWLY SERVICE CONNECTED CLAIM. 

IN MY OPINION ALL SHOULD BE LOOKING AT THIS BECAUSE IM SO VERY SURE THAT IT DOES.... DELUCA IS NOT JUST AND ONLY FOCUSED ON WHEN DECIDING AN INCREASE ITS WHEN DECIDING A RATING PERIOD.

Edited by paulcolrain

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I have been doing my claims over 15 years, I have answered "Thousands" of other Veterans questions on hadit, and have filed a Pro Se Writ of Mandamus.  

I dont let the title "VSO", "VA rating specialist", or even an "attorney" intimidate me.  Dont get me wrong..there are many knowledgeable VSO's, many smart raters and many great attorney's.  

I was speaking to my attorney just a few days ago.  We were discussing the possibility of a "Clark" remand.  

A "Clark" remand is when the CAVC remands your claim to the BVA and the BVA completes your remand in less than 90 days and you "dont" sign a waiver of your full 90 day rights to submit new evidence.  

This is CUE on VA's part.  Its pretty much an "automatic" remand.

My attorney then would get paid, and "he" suggested I represent my self at the BVA.  (His firm handles only CAVC stuff, no BVA)  He said I was "Well smart enough" to handle by own BVA appeal.  

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there has recently been actions at the VA with plans to rate PAIN in its own separate stand alone category.

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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
      • 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
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