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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. 
        • Like
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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)
        • Like
      • 9 replies
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Chiefhouse

BVA Decision on 2009 Claim in the Mail

Question

Greetings

Update! Received notification on Ebenefits and Vets.gov that a BVA decision was made on one of my 2009 claims...the letter is in the mail. That claim was denied.  Five other claims were sent back to the VA for further development...this is the third time.   My docket is 11-12-911. I really don't know what to say...must be patience until the end.

Best Regards

Chiefhouse

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Gentlemen, Start your engines!

    A BVA denial is the PERFECT TIME to hire an attorney.  Once you get the letter, scan it into your computer, so you can email it to different attorney's.  Why is it the perfect time?  Because the CAVC almost always awards Veterans EAJA fees to pay the attorney fees.  This means you can hire an attorney and have little or no attorney fees to be paid by you.  

    My suggestion is you send your denial to Chris Attig, probably CCK law, and maybe even a few others on this list.  Send it only to attorney's who practice at the CAVC.  Go here and pick several:

https://www.vetadvocates.org/directory/widget_search?current_page=1&sort_type=featured&filter={"additional_info.show-profile-on-sustaining-membership-directory"%3A+"yes"}&asset_type=company_user&display_type=default

You have to act quickly.  It takes time for the attorneys to review your case and decide, for sure, if they want to represent you, and for them to file an appeal in your behalf.  You should need "0" upfront fees.  So, as soon as you get the envelope, scan it it and start sending it to attorneys.  Several may decline to represent you, for multiple reasons.  Dont be discouraged.  Attorneys often have a "niche" that they like.  Some may like EED's, some may like PTSD, some may like tdiu.  Some may be too busy to represent you.  That is normal.  Pick a few you like.  

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I'd caution you to wait for the BVA Remanded Decisions, especially since you've waited this long. Have you put a pencil to the possible Retro Due from the pending remanded issues, as well as this recently Denied issue?

VA lawyers will be looking at your Retro Possibility, a Legal fee of 20% of $100K for very little work might spark the Big firm's interest but I doubt it.

Contact the Vet Legal Consortium in DC, PRO BONO representation for BVA and CAVC.  I've seen a Nam Vet get turned down by a couple well know VA Legal Firms (Claimed Too Busy, Ya it was the low Retro. He caned his "Waste Of Time" POA-VSO right before the BVA Denial, ended up getting Denied at BVA with Vet Consortium Representation. VCR immediately filed with CAVC, within 6 mos got all (3) Denied Issues Remanded to RO. Got a $16K+ Legal Fee Awarded by CAVC and paid by VA, not the Vet.

A year later, RO Awarded SMC K ED $104 per month, with Retro of about $6K. What legal Firm for Fee would have signed on for the 20% $1200.00. The other (2) Denied issues, RO Awarded Hypertension SC 0% (No Pay) and Denied his claimed blood Cancer again.

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Gastone,

    With all due respect, I dont recommend waiting (for the remanded issues) to complete to appeal those denied issues.  Reason:  The appeal period will expire in 120 days, probably before the VARO completes the remand.  This will render the denied issues as final and not appealable, except for CUE.  

   To reiterate, start your engines and appeal the denied issues (only), and let the remanded issues take its course.  You can not appeal a "remand" but you can appeal any denied issues in a partial denial/partial remand.  The VA has just cut your claims in half...some remanded, some denied.  The appeal clock is running on the denied issues.  

    And..this is a big deal...the VA may be willing to negotiate..ok, we will award this, if you drop that..it happens a lot..but only when the claims are pending and not final.  With an issue that is final, (no appeal filed in the appeal period), there is no negotiations.  

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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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