Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

SikNtired

Rate this question


SikNtired

Question

  • Answers 4
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

4 answers to this question

Recommended Posts

  • 0
  • Moderator

Probably not.  Did one or more conditions of yours "actually improve" under ordinary conditions of life?  

This even could be for an increase.  We would need to find out more to answer.  For example, are you P and T, and, if so, how long have you been rated?  

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

Dang after 47 years...damn VA

Did the letter state what the C&P was for? and Why? 

I mean if you had your s.c. disability  that that long you meet the 20 year rule  and should not  be scheduled a C&P.  

I think they screwed up  and have your records mixed up with another Vet.

OR

Maybe they want to see if your disability has got worse  or maybe you had a VA Dr mention your Disability as Improved? 

Do you use the VA for your healthcare and  for your S.C. Disability?  if so check with   your ''MyhealthVet  Progress Notes.

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

Link to comment
Share on other sites

  • 0
1 hour ago, Buck52 said:

Dang after 47 years...damn VA

Did the letter state what the C&P was for? and Why? 

I mean if you had your s.c. disability  that that long you meet the 20 year rule  and should not  be scheduled a C&P.  

I think they screwed up  and have your records mixed up with another Vet.

OR

Maybe they want to see if your disability has got worse  or maybe you had a VA Dr mention your Disability as Improved? 

Do you use the VA for your healthcare and  for your S.C. Disability?  if so check with   your ''MyhealthVet  Progress Notes.

47 yrs ago, I was at 10%. In 2014 a fellow disabled Viet Vet said, I should be compensated for all the problems I'd had. So I filed and got 60%. 2 years later a VA Doctor put me at 90%. I have been seeking 100%, with no success.

Link to comment
Share on other sites

  • 0
8 hours ago, SikNtired said:

 

8 hours ago, SikNtired said:

I have been seeking 100%, with no success.

@SikNtired

you don't say what you are rated for but this post says

That will be the likely reason for the new c&p

you got bumped to 60% in 2014 bumped to 90% in 2016.

The post suggests you have tried to reopen the claim, which suggests you are not P&T so that would indicate they are trying to see if you are stable or if your conditions are continuing to deteriorate.

Check the DBQ's for all the conditions and secondaries you are rated for, even those not SC if any. Read what the symptoms are and or the criteria for rating.

For example for the  PTSD review DBQ has 7 possible statements the VA requires the doc to select from:

NO MENTAL DISORDER DIAGNOSIS all the way to TOTAL OCCUPATIONAL AND SOCIAL IMPAIRMENT

Since you are 90% it is unlikely you are rated more than 70% for PTSD since the next PTSD step is 100%. I just use it as an example of the range of things they look for on that DBQ.

you can find all DBQs through this link

https://www.benefits.va.gov/compensation/dbq_disabilityexams.asp

Just for discussion sake if you were 70% on 1 SC issue it would take 8 more 10% compensable conditions for you to get paid at 90% (VA rounds up from 5's rounds down for 4's)  or 1 70%, 1 40% and 1 20% to get paid at 90%.

But if you are rated at actual 90% it will take 5 more 10% conditions to get paid at 100%

So definitely check the DBQ's and if you don't mind sharing, post your rated conditions here so some of the really experienced folks can look at them and maybe come up with something.

Good Luck

 

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

  • Our picks

    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
    • Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
    • Good question.   

          Maybe I can clear it up.  

          The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more.  (my paraphrase).  

      More here:

      Source:

      https://www.va.gov/disability/dependency-indemnity-compensation/

      NOTE:   TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY.  This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond.    If you were P and T for 10 full years, then the cause of death may not matter so much. 
×
×
  • Create New...

Important Information

Guidelines and Terms of Use