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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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    • 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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    • https://community.hadit.com/searching-for-va-claims-information-on-hadit.com/

       

      Your question has probably been asked before so the fastest way to find the information you need is to search for it.
      • 3 replies
    • How to get your questions answered...


      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.


      Leading to:

      Post clear questions and then give background info on them.

      Examples:

      A. I was previously denied for apnea – Should I refile a claim?


      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?



      B. I may have PTSD- how can I be sure?

      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?



      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

      Note:

      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
      • 2 replies
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Ascomdepot68

Rush to judgement?

Question

On 8/29/2018 my appeal was reported to have 73,496 "ahead of you". On 8/30/2018 my claim was reported to be "before a VLJ". On 10/11/2018 a decision was made, 6 issues denied and 5 issues remanded to AMC/RO. On 10/11/2018 it was reported that there are 69,361 claims "ahead of you".

 

I have no attorney nor VSO. I am not interested in the RAMP program. I have not requested advancement on the calendar nor am I eligible for such consideration.

 

Does anyone have any thoughtful insight as to how and why I "jumped" the line in front of so many other veterans?

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Thanks for posting this.  You may not have "jumped", the numbers may have been fake.  I really dont have a good idea why this would happen, other than VA "faking the numbers", which they often do.  Recall, if you will, VA faking other numbers..such as the wait times for Veterans, and there was a big scandal about that, too.  VA is "alleging" that they have 94% accuracy on initial claims.  This HAS to be fake, also, when you understand that, of the claims Vets appeal, about 40 percent are remanded, another 25 percent are awarded (reversing the decsion maker), and only about 15 percent are denied, indicating the original decision was "correct".  So, where do they get the 94% accuracy number?  Answer:  They fake it.    In part, I suppose, the VA assumes any decision the VEteran does not appeal is correct 100 percent of the time.  That isnt true either.  A Veteran may not appeal for many reasons..independent of whether or not his or her decison was "correct".  For example, a Veteran may decide not to appeal because:

1.  He forgets about it.

2.  He does not need the money. 

3.  He is too sick to face the long wait again.  

4.  The Veteran dies.  

5.  His or her VSO advises him "not to appeal", even tho he may have a winnable claim.  

6.  He is homeless and doesnt even know, or does not receive the decision.  

7.  He moves and does not get the decision.  

8.  He does not know HOW to appeal.  

9.  He is too busy, or involved with other things.  

10.  He has a mental illness, such as PTSD or depression which prevents him from doing some things he should be doing, like appealing his denied claim.  

      Of course, the VA assumes that all of the decisions, above, are correct, because the VETERAN did not appeal.  More likely, the Veteran was not thinking about whether or not the VARO decision was correct, he was more concerned with his life, his family, and why his VSO wouldnt bother calling him back when he called to ask if he should appeal.  

Edited by broncovet

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On 10/12/2018 at 3:38 PM, broncovet said:

have 94% accuracy on initial claims

just to provide some info here

https://www.benefits.va.gov/reports/mmwr_va_claimsbased_accuracy.asp

VBA’s national claim-level accuracy rate is determined by dividing the total number of cases that are error-free by the total number of cases reviewed.

There is more interesting info on that page about what they are actually referring to when they state a level of "accuracy" for claims.

The net effect is when you deconstruct that sentence the operative number to look at is the number of cases that are error-free. They don't provide a definition for error-free or whose "errors" they are free of. They also don't provide the weekly/monthly/quarterly numbers for either one in any manner that is directly attributable to this computation.

It would be simple if they published something like, "week 24 of 2018 1000 claims were error-free and VA decided 940 of those error-free claims." They don't.

With that said, this is not unique to the VA or the Government. Several things happen to numbers and statistics when they are "reported" or published. Any party interested can take those numbers and phrase them anyway they want, which is dangerous and frequently causes conflicting claims about any specific set of data, particularly data that can be twisted to be incendiary.

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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)
        • Thanks
      • 4 replies
    • Wonderful news way to hang in. I hope this gives you some well deserved peace. 
    • If HadIt.com has helped you or you believe in it’s mission then please donate even $1 helps. I hope HadIt.com has provided $1’s worth of help to you. Imagine waking up and there is no HadIt.com it could happen and that is why I’m asking for your help now.



       



      Our traffic is going up and so are our expenses, however revenues have gone down and so I am reaching out to you to see if you can help me keep Hadit.com up and running.
      • 4 replies
    • https://community.hadit.com/searching-for-va-claims-information-on-hadit.com/

       

      Your question has probably been asked before so the fastest way to find the information you need is to search for it.
      • 3 replies
    • How to get your questions answered...


      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.


      Leading to:

      Post clear questions and then give background info on them.

      Examples:

      A. I was previously denied for apnea – Should I refile a claim?


      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?



      B. I may have PTSD- how can I be sure?

      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?



      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

      Note:

      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
      • 2 replies
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