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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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    • 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.
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Pockets

What qualifies for MST?

Question

 

I woke up this morning thinking it's been 34 years since I was  put on that bus to Aberdeen proving grounds leaving Ft. Dix NJ where I learned the odds were against me.  but I also think, I knew then, its Mrs. Krashoc's birthday; today I'm not so sure.

I'm trying to keep it moving but I started to wonder why people say never give up for Veteran disabilities but they tell you to move on, get over it, and to forgive when seeking justice in the criminal courts. It's baffling, to say the least. (i know someone wanting to prove they are a better person than I will want to lecture me on this thought process but please give me a minute)

I hate to be ignorant but I've never been raped and even so, I thought I qualified.  But not until I started thinking the ends will justify the means. Sometimes I"m so ashamed.

My drill sergeant was a walking hard-on and had a hard time accepting my lack of interest. In the end, he got me alone and called me to Attention to talk about my destruction but he didn't put his hands on me. I didn't think I'd be so lucky the next time so when I ended up on the schedule to be his CQ runner, I declined!

Come to find out~ he was a busy abuser! The Company Commander tried to talk us out of filing a complaint but I had no interest in "pretending it didn't happen".  A few days before graduation, I was marched up to Battalion to file my complaint.

A few years later, Darlene Krashoc was found raped, tortured, and murdered in what the Army deemed a "Non-Hostile Event".  I'm guessing it's because we were serving in a time a peace and we were on American soil.

The VA is no better than the forces that send us there.

So~ I ask, What is MST? Would it make a difference if I told you Darlene and I grew up together and joined the service together? I wouldn't want to exaggerate the situation so I"ll be honest and let you know we didn't meet until the 8th grade.

I was told the VA would investigate my claim if I filed one but I'm not sure they did. They declined my claim and when I showed up to my therapy session my Appointments with the psychiatrist and psychologist were canceled. The clerk let me know I could only be seen for MST.   17 days shy of two years since the VA received my Notice of Disagreement for a DRO review and still, no C&P.

Edited by Pockets

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Please~ forgive me for my babbling. The coward in me starts to ramble facts when I'm in danger of voicing my opinion. I was wrong to bring that here.

Instead, I should have said I'd like to CUE my Drill sergeants retirement.(:

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Not too sure what you mean Pockets.  Your story is a little hard to follow.  If I read it right your friend was a homicide in boot camp?

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Pockets are you female?  it don't truly matter but it would be better if we knew your gender?

Here is the definition of MST from the VA point of view,

Military sexual trauma, or MST, is the term used by the Department of VeteransAffairs (VA) to refer to experiences of sexual assault or repeated, threatening sexual harassment that a Veteran experienced during his or her military service.

if you had either of these  then that's MST and you can file a claim, you just need to prove it in a certain way  with military records and your lay statement.

you can contact the MST Coordinator  at the VA Mental Health Clinic  you will need to tell what happen and the dates it all happen...don't feel ashame  this happens to a lot of military personal even years after it happens .

A lot of veterans never report such a horrific personal thing  and some wait years and years to report it,  maybe they just get sooooo tired of feeling the way they do and want help....nothing wrong with that.

  you probably never will find a closure to it and it will always be in your mind and night mares will keep coming ect,,,ect,,, but through therapy they can find you tools to work through all this and help you live a better life and help control some of your symptoms like anxiety and sleepless nights  ect,,ect,,

No one here will put you down or criticize you for asking for help and suggestions  that's what hadit is all about to help all us Veterans.

getting compensation won't make you feel any better  but it will  help re leave some financial burdens for you.

so if you been  sexually traumatize while in the military file a claim on it  its no ones business but yours ,its your choice to do as you see!

 Remember ,you don't have to have been rape to be Sexually  Traumatized .

So ask any questions on here your heart so desires. don't be afraid or shy,  it is somewhat upsetting to write about things like this  but you need to for some of us to help you with a claim...were not therapist  but most of us can help you with your claim here on hadit you come to the right place for help with your claims.

Take Care!!!

 

......

 

Edited by Buck52

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On 11/1/2018 at 11:53 AM, Pockets said:

 

I woke up this morning thinking it's been 34 years since I was  put on that bus to Aberdeen proving grounds leaving Ft. Dix NJ where I learned the odds were against me.  but I also think, I knew then, its Mrs. Krashoc's birthday; today I'm not so sure.

I'm trying to keep it moving but I started to wonder why people say never give up for Veteran disabilities but they tell you to move on, get over it, and to forgive when seeking justice in the criminal courts. It's baffling, to say the least. (i know someone wanting to prove they are a better person than I will want to lecture me on this thought process but please give me a minute)

I hate to be ignorant but I've never been raped and even so, I thought I qualified.  But not until I started thinking the ends will justify the means. Sometimes I"m so ashamed.

My drill sergeant was a walking hard-on and had a hard time accepting my lack of interest. In the end, he got me alone and called me to Attention to talk about my destruction but he didn't put his hands on me. I didn't think I'd be so lucky the next time so when I ended up on the schedule to be his CQ runner, I declined!

Come to find out~ he was a busy abuser! The Company Commander tried to talk us out of filing a complaint but I had no interest in "pretending it didn't happen".  A few days before graduation, I was marched up to Battalion to file my complaint.

A few years later, Darlene Krashoc was found raped, tortured, and murdered in what the Army deemed a "Non-Hostile Event".  I'm guessing it's because we were serving in a time a peace and we were on American soil.

The VA is no better than the forces that send us there.

So~ I ask, What is MST? Would it make a difference if I told you Darlene and I grew up together and joined the service together? I wouldn't want to exaggerate the situation so I"ll be honest and let you know we didn't meet until the 8th grade.

I was told the VA would investigate my claim if I filed one but I'm not sure they did. They declined my claim and when I showed up to my therapy session my Appointments with the psychiatrist and psychologist were canceled. The clerk let me know I could only be seen for MST.   17 days shy of two years since the VA received my Notice of Disagreement for a DRO review and still, no C&P.

Pockets, I too did my basic training at Fort Dix November 1984.  Where first incident of harassment occurred.  Makes one wonder.

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Sadly it doesn't sound like MST. He hit on you? Technically as long as it was not on going its not harrasment...I might be wrong but it sounds like the dude creeped on you and you shut him down? I see you meantion the dead girl a lot...but then you say you were driving her car? So you weren't in boot camp?

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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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      • 3 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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