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I know there are NUMEROUS questions asked about the VA disability ratings, and even a disability calculator, but, my question is: my total combined disabilities are rated at 85%, so, it was rounded to 90%. I submitted a new claim for GERD, which I am expecting them to bring it from 10% up to 30%. For the disability calculation, will they work from the 90% and then factor in new claims or percentages or do they re-enter all my disabilities and so my rating could still remain at 90%?
I just had a very interesting conversation with my VSO and wanted to check out the truth of the matter. I have never heard this argument nor does it make sense to me.
I am trying to get an increase for my migraine headaches. I was having headaches 3-4x a week! with at least 1 prostrating(i would not be able to do anything, would have to go lay down and be away from noise or light or distraction due to the pain etc). I filed for migraine claim and they denied at first then gave me 0%. Now i am trying for increase. Now my VSO says i will never get the increase because i am on medication.
I have been seeing a neuro doc at the va that gave me meds that have been a miracle. I have not had a migraine in a few months now. It has been amazing.
so my question: i don't see how getting treatment for something changes how my va rating should be. if i lost a limb and they gave me a prosthetic, they wouldn't take away Service Rating or decrease that? How about sleep apnea; I dont get less service connection because i use a CPAP, i get more?!?!? shouldn't the fact that i require medication for the rest of my life to manage migraines show a worse condition? My VSO said its the same with blood pressure, that if you take meds and its managed then you lose your SC. is any of this true?
I gave a hypothetical: what if they discover a magic pill that cures all us vets from PTSD but we have to take these pills for the rest of our lives. that means we would all loose our service connection for PTSD if we start taking them? what if we missed a dose? what if they get lost in the mail? (which has happened with my meds plenty)
i just can't wrap my head around this flawed logic of a treated disability is no longer a disability.
Ok guys and gals, im back after a few months with more information.
So for a little background, my effective date is 12/12/16. It moved to prep for decision in 2 weeks and stayed there for a few months.
then it went back to gathering evidence, at which time i recieved a phone call scheduling me for an exam on march 25.
10 minutes later they called back saying i could come in for an exam tomorrow (which was march 1st).
I attended my c&p exam for bipolar/depression- and the examiner concluded the exam by telling me to go directly to MH because im not mentally healthy or stable.
I have the results from ROI, i scanned them, and posted them online below.
I am currently 80% disabled, none of which are MH related :-( (illness consumed my life beginning midway through my 4 years on AD)
I know im crazy in the head, and this report only makes me feel worse about myself. please dont judge me, im receiving treatment as we speak.
This is my first post after looking for similar situations. My C&P exam for spine issues was in June and it seemed favorable until an addendum was made this month which turned everything around. They denied my claim for aggravated spine issues and had inaccurate information stating my condition didn't progress until after service. Is the best way to go about this by filing an appeal or by making a new claim for low back pain?
Hello:) Pretty new to this site, but have read some great advice, and support, so I will ask for some input for my appeal.
Back story... I filed for anxiety in 2013 (I should've claimed it in my separation exam in 2009-- but didn't want that "stigma"...silly I know)
Claim closed in mid 2014. They rated me 10%... Mind you, I had anxiety in service (due to a traumatic event) and was on medication for many years. I filed my NOD in the summer of 2015 ( I know.. it took me a while to file it, but I was going through other family events, either way I got my appeal in within the year mark)
When I did my initial C&P with the mental health DR... I had told them I was missing some work due to this, but wasn't on FMLA yet cause I hadn't been at my job for a year, and that was a requirement...
I sent in my NOD requesting a DRO De Novo Review, cause by this time I had been approved FMLA and had already lost over 150 hours of unpaid leave due to panic attacks.... also since then another VA Dr. diagnosed me with a Panic Disorder and other mental health issues, not just the Generalized Anxiety Attacks first stated to me.
I know appeals can take forever.... but I submitted all new paperwork, my new exams are in the system, ..... Just hoping that they can see my issue is more than a 10% rating.. it has literally taken over my life. Do you think of what I just typed would at least warrant a 30% eval?
It would be great to hear any stories of success, or not such good news on your appeal with similar background....
Thank you all, and God Bless :)
rebabevets posted a question in VA Disability Compensation Benefits Claims Research Forum,I already get compensation for bladder cancer for Camp Lejeune Water issue, now that it is added to Agent Orange does it mean that the VA should pay me the difference between Camp Lejeune and 1992 when I retired from the Marine Corps or do I have to re-apply for it for Agent Orange, or will the VA look at at current cases already receiving bladder cancer compensation. I’m considered 100% Disabled Permanently
Ddsr posted a question in VA Disability Compensation Benefits Claims Research Forum,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)
broncovet posted an answer to a question,While the BVA has some discretion here, often they "chop up claims". For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.
I hate that its that way. The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel.
Ztmiller8 posted a question in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC,Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!
My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.
Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!
Joey Ross posted an answer to a question,I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and nothing about stressor,
Picked ByJoey Ross,