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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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  • 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.
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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)
        • Like
      • 9 replies
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rk4435

Rogue C&P Examiner?

Question

I figured out how to access my C&P exam through the blue button and I was shocked.  I have been rated at 20% for several years with an additional 10% for radiculapothy. 

The examiner notes read as if she was examining someone other than me.  She noted no radiculapothy and also somehow measured me at 45 degrees forward flexion.  It is like she literally lied on the DBQ. I have not had 45 degrees forward flexion in years and the radiculapothy is fairly persistent. 

 

If I understand the ratings correctly, her findings are good enough to get my rating lowered despite being much worse off than I was when the 20% was granted. 

 

Do they get performance bonuses to screw people?

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 VHA providers often refuse to diagnose medical conditions.

i have screened positive multiple times for PTSD by VHA MH nurses.

No diagnosis of PTSD by them.

I reported ringing in my ears for years to VHA providers and no diagnose of tinnitus.

I had a spinal MRI done due to chronic back pain and three VHA doctors stated they reviewed the MRI results and all reported I had no abnormalities.

I obtained a copy of the actual radiologists report of my MRI and discovered that my pain was coming from a herniated disc pushing 1 cm into my thoracic spinal cord.

I was Baker acted by the VA in October 2017.

I had called the Veterans Crisis Line for help and they sent the cops to involuntarily institutionalize me.

Was released the next day and the vA was ringing my phone off the hook to come see their shrink.

I complied and the shrink asked me what happened and I said I had a total meltdown.

He responded that I was just having a pity party.

No more VA so-called medical care for me.

 

Sometimes C&P examiners will make honest mistakes, but oftentimes their DBQs ignore the facts when giving an opinion.

The raters at the regional office will afford more weight to an opinion that is against granting service connection/or an increase even when the STRs directly contradicts the rationale that the examiner used to form the unfavorable opinion against a veteran.

Don't believe in the fairy tale that a tie goes to the veteran if you have two C&P exams, one favorable and the other not favorable.

The regional office rater will find the unfavorable opinion more persuasive, and promptly render a denial.

 

Favorable evidence is ignored by my regional office raters, and this is especially obvious, now that I am at the precipice of obtaining TDIU or a 100% rating.

 

The VBA has a lot of tools in their shed that are implemented to deny benefits to veterans.

You have to get in the trenches with the VBA, and fight when they do wrong.

 

My fight for my benefits will go on.

 

 

 

 

 

.

 

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Yup, I found out a few years after a C&P that my examiner suggested 70% for PTSD and the VA did nothing. I now have a CUE in after reading that C&P exam and seeing so many errors. I also never go to VA mental health. I had one therapist that completely retraumatized me and I never went back, I pay out of pocket for someone outside the VA (I don’t think I’ll ever do mental health through the VA again).

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Well, yes.  The VA lets C and P examiners keep their job provided that they mess over you and other Veterans.  C and P exams are very lucrative..examiners get paid big bucks for doing an exam, but if they provide evidence for an award, then the VA simply stops ordering exams from that examiner anymore.  

In other words, the guy who signs your checks gets to tell you how to do your job.  C and P examiners get checks from VA so they are obligated to perform their job the way VA specifies.  This is precisely why many Vets who get benefits eventually hire their own private examiner (IMO or IME) to get benefits.  When you employ the doctor, then you can ask him to do the job in the way you like.  People have a strong tendency to do as their employer so directs, so they can keep their job.  

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 C & P examiners are one of the biggest reason for denials.

I am waiting for a copy of the actual postumous exam that was incorporated into a denial on a 1151 claim I had pending.

After receipt of my CUE the VA reversed to an award in mere weeks- less than a month-

But the evidence list for the denial noted a VACO cardio  review in detail, that supported my FTCA case and also this specific claim. it is difficult for me to accept the C & P rendition in the denial, and I asked for a signed copy of the actual C & P and the examiner's qualifications.

There is no one in  the VA's C & P list who has the extensive expertise that this VACO doctor has.

When I get the copy of the actual C & P , I am sending it to the Secretary of the VA.

If I dont get it,. Wilkie will get what the VARO put into the denial, that it said. Maybe my RO made the whole thing up.

It is absurd that vets have to obtain IMO/IMEs that can be quiet costly in some cases, to prove their claims to the VA . However that is often the only way to succeed.

A good IMO /IME doctor will follow the IMO/IME criteria here at hadit and also point out the deficiencies in any bogus C & P exam crap you get.

 

 

 

 

 

 

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VA examiners are the cream of the bottom of the bowl sometimes.  I had one deny I was even disabled and say I was malingering despite years worth of evidence and a protected rating.  I had another refuse to even read an IMO from a private doctor because she had performed testing on me previously.  That said I do not believe all examiners are bad.  I have had examiners that were good for me and solidified my benefits.  I can only say that you take your chances when you walk into a C&P. 

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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. 
      • 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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