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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.

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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.



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      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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andrewdc

aid and attendance-mental

Question

As I have posted before I am smc s + K. I recently received a 100% mental rating. In addition, the va has proposed incompetence. I really don't have much issue with that as my wife has to handle our finances anyway. Because of my mental health outcome, I now have applied for a&a. The Psychologist remarks said " The previously rated mild neurocognitive impairment has progressed ; symptoms now meet full criteria for a major neurocognitive disorder with multiple etiologies (copd, asthma, Severe obstructive sleep apnea) due to severity of memory and concentration impairment and the significant impact they have on the vets activities of daily living. An additional diagnosis with mixed anxiety and depressed mod is also provided and is considere4d a direct progression of the neurocognitive disorder as symptoms developed in response to difficulty adjusting to memory decline and associated functional impairments.

under competency she wrote " the current severity of memory impairment would prevent the vet from effectively managing his financial affairs. She also recommended that I not use potentially dangerous equipment at home. and acknowledged my wife helps with hygene issues and must administer all medications as he forgets to take them as required. The vet has gotten lost and disoriented credited while driving.

 

So, would her report be sufficient evidence for a7a

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I would like it better if it mentioned which ADL's she was referring to.  I think this report is "marginal".  You really need a doc who says you need help with things such as eating, bathing, toileting, getting dressed etc., just as it says in the critieria for SMC L (Aid and Attendance).  Usually, VA wont "connect the dots" between your doctor saying you need assistance with ADL's, and those specifically in the criteria.  

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I would like it better if it mentioned which ADL's she was referring to.  I think this report is "marginal".  You really need a doc who says you need help with things such as eating, bathing, toileting, getting dressed etc., just as it says in the critieria for SMC L (Aid and Attendance).  Usually, VA wont "connect the dots" between your doctor saying you need assistance with ADL's, and those specifically in the criteria.  

While this "might" do the trick, its been my experience if there is any doubt, the VA simply denies.  

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5 minutes ago, broncovet said:

I would like it better if it mentioned which ADL's she was referring to.  I think this report is "marginal".  You really need a doc who says you need help with things such as eating, bathing, toileting, getting dressed etc., just as it says in the critieria for SMC L (Aid and Attendance).  Usually, VA wont "connect the dots" between your doctor saying you need assistance with ADL's, and those specifically in the criteria.  

While this "might" do the trick, its been my experience if there is any doubt, the VA simply denies.  

she also made comments such as : Severe memory and concentration impairments, difficulty understanding complex commands, anxiety, insominia

vets wife has to provide significant assistance at home due to vets memory problems. he is no longer able top prepare meals, manage his medications, and remember to engage in hygiene practices, manage finances, or manage his own medical care. His wife is now assisting with all of these activities of daily living to varying degrees.  He has left the stove on multiple times while preparing food resulting in burnt pans and smoke damage. 

 

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6 minutes ago, andrewdc said:

she also made comments such as : Severe memory and concentration impairments, difficulty understanding complex commands, anxiety, insominia

vets wife has to provide significant assistance at home due to vets memory problems. he is no longer able top prepare meals, manage his medications, and remember to engage in hygiene practices, manage finances, or manage his own medical care. His wife is now assisting with all of these activities of daily living to varying degrees.  He has left the stove on multiple times while preparing food resulting in burnt pans and smoke damage. 

 

This is from the va decision letter:

We have assigned a 100% eval based on:

Memory loss for own occupation

occupational and social impairment with deficiencies in most areas

intermittent inability to perform activities of daily living

depressed mood

spatial disorientation

impaired judgment

chronic sleep impairment\memory loss for own name

impaired abstract thinking

difficulty in adapting to stressful situations

neglect of personal; appearance and hyena

difficulty in adapting to work

impairment of short and long term memory

difficulty in adapting to work like setting

anxiety

memory loss for names of close relatives

The overall evidentiary records shows ther severity of your disability most closely approximates the criteria of 100%

 

 

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Ok, but make no mistake here:  100 percent for mental "does not" equal SMC L (Aid and Attendance) automatically.  The criteria for SMC L is seperate and it sounds like that is what you are seeking "not just" 100 percent.  

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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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