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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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  • 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. 
      • 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)
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justtryintomakeit

I DON'T UNDERSTAND

Question

U talk to your psychiatrist and psychologists for 2 years about how your traumatic experiences in the military changed you, u put in a claim and c&p examerror says less likely than not vets MR issues are from military service he sought help many years after he left service?? Is this common? I separated in 2012. Guess I wait for the denial and file a appeal. 

 

Also what is the difference with claiming ptsd vs depression?? do they both have stressors??? Do the stressors have to be good enough in the examiner's eye to be called a stressor? U tell the examiner what u went thru and he probably thinking eh I heard worst no stressor for u.

Edited by justtryintomakeit
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True.  VA stacks the deck against the VEt.  This is why there is hadit, and we can help guide you since many have been through something similar.  

     Unfortunately, VA docs get their checks signed by your opponent at law:  the VA.  The VA tries to "lull us to sleep" by publishing lies about how VA claims are "non adversarial" and a "claimant friendly experience".  The VA "buddies up" to us to try to figure out a way to deny or delay you.  

     Enter:  Knowledge is power.  

     You dont HAVE to wait for a denial and appeal.  You CAN act now.  Here is what to do.

    Apparently you have "negative evidence" in your file.  You refute "negative (medical) evidence" with "favorable medical evidence".  You need to either:

    1.  Explain WHY to your doc you think your condition is service related.  Ask him to change your records to reflect that.  (unlikely, but possible).

    2.  Get another doctor on your side.  You can switch docs, or get an IMO/IME.  

    There is no advantage to you in waiting until the denial.  Its virtually certain, unless you have something else (another medical exam) where you are provided a favorable nexus.  You may have that, also, to find out, you need to read your file.  (medical).  

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PTSD and depression may be connected in a number of ways. First, people with depression are more likely to have traumatic experiences than people without depression, which, in turn, may increase the likelihood that PTSD develops.

A second possibility is that the symptoms of PTSD can be so distressing and debilitating that they actually cause depression to develop. Some people with PTSD may feel detached or disconnected from friends and family. They may also find little pleasure in activities they once enjoyed. Finally, they may even have difficulty experiencing positive emotions like joy and happiness. It's easy to see how experiencing these symptoms of PTSD may make someone feel very sad, lonely, and depressed.

A final possibility is that there is some kind of genetic factor involved in the development of both PTSD and depression.

If you think you have either one get help from the VA MH Clinic  Its never to late to file a claim, some times it takes  longer in some individuals  to acquire or recognize the symptoms , if you been traumatizes while in the military.for anything that traumatize a person  it don't need to be combat  you don't need to serve in a conflict like Vietnam or the Gulf-wars...you can witness a trauma right here  in the good old USA

It does make it easier to file if you have documentation of this  they call them stressors/but if you can prove you were traumatized while in military  then that's all you need ...the VA MH Clinic  can decided if you have severe Depression OR PTSD?

The VA MH Clinic will need to make a PTSD Diagnose and start you in therapy treatments...do this for a while if you have not?...then file the PTSD Claim if they diagnose you for that...they will test you and ask questions and decided what they think it is you have  usually by the symptoms and severity of your condition

Remember there's no limit to file For these type claims...Some veterans  are reluctance to file a claim and are in denial that they have a bad mental problem and hide it for years until they just can't hide it anymore  usually after the have destroyed their life and family but its never to late to seek help HOPEFULLY before this happens.

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PTSD is a disease, not a mental condition.  It can cause actual symptoms.  Mine is acting up for the past two weeks and I feel like I am having a heart attack when it gets bad.  No, I am not having a heart attack, the stress is getting unbearable and it manifests in psychical symptoms.  If you are still unsure what PTSD is please look at the attached websites.

https://www.ptsd.va.gov/public/PTSD-overview/basics/what-is-ptsd.asp

https://www.wehonorveterans.org/veterans-their-needs/specific-populations/post-traumatic-stress-disorder-ptsd

Hang in there and follow buck's and broncovet's advice.

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"Do the stressors have to be good enough in the examiner's eye to be called a stressor"

Yes- that is, they have to be what the VA would consider a stressor to be.

I did an article on what stressors are and will try to find it here.

The VA has never altered their definition of stressor since I worked at a vet center as a volunteer.I am a civilian and was voted into the PTSD Combat Rap group-1994- so my article here was based on that experience.

https://community.hadit.com/topic/51577-new-post-defining-a-stressor/

However the 2010 PTSD regulations made it easier for combatants to prove stressors and in many cases the VA will conceded a stressor occurrred based on specigic combat awards on a DD 214-

But stressors can ertainly  involve non-combat as well as MST- 

I assume the C & P doctor considered depression as well....you will need proof of a inservice nexus for any MH issue you claim.

As Buck said many vets " shelve" their PTSD- they think it will go away but it doesn't.One vet I knew was SCed for many disabilities but had ever claimed PTSD.

He asked for a special meeting one night at the vet center and relayed to us something that he never told anyone about before-the next morning a Vet rep filed his claim and he even  revealed another stressor-and within a few months he had a diagnosis and award for PTSD. The morning reports of his unit and a few other things from his SMRS helped prove the stressor.(s)  They were horrible.

Depression is different but you still need a nexus- a link to the inservice cause of the depression.

That cause too might be something you dont want to think about, but only by revealing what caused it, can it be verified, and hopefully awarded.

 

 

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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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