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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.

      VA Compensation & Pension (C&P) Clinicians Guide 2 Final Corrected 20180719.pdf
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    • 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)
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andrewdc

Denied aid and attendance smc l

Question

The va denied my claim for a&a smc l. They did not provide a specific reason other than they say I didn't meet criteria. We have filed a nod. Atatched is spouse statement and medical psych report for 9/6. IS this enough evidence to get an approval?

had 1.5.18.docx

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15 hours ago, asknod said:

AndrewDC

The  best thing to do is to have a VA doctor do an A&A exam on you. Download the VA Form 21-2680 and take him a copy to fill out. They generally can do it while you are there for a regular checkup. If you do not use VAMCs, have your local private care provider in the community fill out and sign the 2680. The answers to that form will determine whether you qualify for A&A (SMC at the L rate). Here's the link to it.

https://www.vba.va.gov/pubs/forms/VBA-21-2680-ARE.pdf

As a note of caution, be careful how you answer # 27. A "no" answer will result in VA appointing a fiduciary for the Veteran and controlling how his funds are spent. It also takes a while to establish a fiduciary and VA will hold up the payment award until the Fiduciary Field Examiner makes a home visit. It's a paperwork jungle to avoid if the Veteran is indeed competent. I do this for a living (SMC) and if you have any other questions, feel free to contact me.

The VA has already proposed incompetence. Our issue is how can they say I'm unable to handle my finances but well enough to not be a danger to myself on a daily basis. Seems illogical especially based on the psych report...however, I have meeting with my va neurologist today to see if he will complete form but I find asking va doctors to complete forms for monetary benefits is usually not helpful. 

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The only way VA can propose incompetence would be if a psychiatrist or other medical professional determined you were not competent. This is a major decision and one that carries many implications-including the loss of the right to keep and bear arms. At some point, someone had to fill out a 2680 that indicated you were not in need of Aid and Attendance. That determination was made by someone. I suggest you go to your VAMC and visit the Release of Information Office (ROI). Ask them for a complete copy of all your VA medical records to date. In there, you will probably find a 2680 or a similar CAPRI medical record saying much the same that is asked on the 2680. 

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Okay let me chime in a couple of issues here.  I read the statement and find two crucial problems with it.  First the statement is dated November 11, 2018.  Considering that is still five days away that seems problematic.  Second, I did not read the words "under penalties of perjury" or something similar.

Aside from that (and I admit this is a SWAG) is that Aid and Attendance is only available for one who meets the eligibility criteria for a VA pension.  So would be helpful if you explain how you are procedurally entitled to it as opposed to medically entitled to it.

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You cannot, by law, be entitled to both pension and compensation entitlements. The DBQ attached to the original post discusses the neurocognitive disorders and other ailments sufficiently to provoke a VA investigation into the possibility of incompetence. As the Vet's wife is not a doctor and has no medical training, her letter is not useful for proving entitlement to A&A. Only a doctor can make that pronouncement. VA would be remiss if they failed to investigate and the Veteran later injured himself or others. On page 3 of the DBQ under History, the examining physician makes the statement that he (the Veteran) is no longer able to manage his financial affairs. This is the smoking gun that has provoked the fiduciary quandary. It's the same question asked on #27 of the 21-2680. While this particular Dr. doing the DBQ is qualified to make an assessment of incompetence in the first instance, she is not asked to, nor required, to do so on a DBQ.

As for entitlement to the A&A, again, it is granted when entitlement is shown to exist-and not a moment sooner. The DBQ states he is still working albeit on the verge of being let go and also states he should not be driving a motor vehicle. If you are still denied yet again, please contact me for possible representation before the VA. As I mentioned, I do this for a living and have a good working relationship with the Veterans Administration. It's a recipe-just like baking cookies. You have to have all the ingredients. It appears you do but VA is not in the habit of throwing money around. It's $3866.24 they are going to start paying. Obviously, if they can delay or get out of paying it, they will. And always remember, if you use a VSO like DAV, VFW or the like, their Congressional Charter demands they assist the VA-not you. I'm accredited and listed at the VA's OGC site-or feel free to call me at my office (253) 313-5377. Email is gagraham51@gmail.com. Best of luck in whatever you choose.

 

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Asknod, 

First, I never said one could get both pension and compensation.  Because you state 'by law' would you mind providing me a citation for that law.  I see no reason why a person cannot get both, providing the sum total of those two plus any other income does not exceed the pension maximum.  But eager and willing to read your citation.

I was talking about the requirements to get Aid-in- Attendance, which is neither pension nor disability.  In order to be eligible for AIA you must meet the basic eligibility requirements for a pension.  Today there are hundreds of thousands of veterans who cannot meet these requirements.  AIA is a means tested benefit once determined eligible.  All your medical expenses are deducted from your income.  So if you need a person (could be anyone, son, daughter, whatever.) who charges two hundred dollars a week to cook and do laundry, you need a statement from them.  Those eight hundred would be deducted from your income and AIA will ultimately make up the difference to the full pension total.  Many medical expenses are deducted so it is a yearly basis determination.  Hope that helps clarify issues.

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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
        • Thanks
        • Like
      • 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)
        • Thanks
        • Like
      • 9 replies
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