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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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    • 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.
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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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abnrgr88

P&T from IU yes or no?

Question

I was just granted P&T IU at 90% overall. I have not filed for an increase from a 20% DDD. I had 13 level spinal fusion after the 20% was granted. Yes my wife and son now have a chance at champva, yes chapter 35 as well. its been 17 months since surgery and everything seems to be falling apart. upcoming surgery for right and left hip impingement...not yet rated. Lost all hearing in right ear and now 50% in other,...10% hearing loss and 10% tinnitus existing. Chronic pain syndrome well documented in my file..not yet rated. 19" scar down my back painful as heck...not rated......I can use some experienced advice please??

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34 minutes ago, abnrgr88 said:

I guess i am worried they will take away existing disabilities. Or, give me 100% overall from 90% and keep me IU

1) no and 2) no  that is not how it works.

To reduce a rating or in your case take away TDIU, they would have to jump through a bunch of hoops and prove the you are no longer in a state of not being able to work. ...that isn't happening. I am not being rude, but your level of spinal problems don;t just get better and damn sure cannot be faked.  yes there are more technical and detailed ways to say it, but  the short version is don't sweat that.

you still have not posted a list with percentages of what you are rated for that makes up the 90% so that is still unclear

37 minutes ago, abnrgr88 said:

give me 100% overall from 90% and keep me IU

no. just no. What TDIU means is that a veteran who is NOT 100% schedular but cannot work even with a lower rating (lots of extra details not important here) gets paid at the 100% rate. the monthly compensation is the same.

If that vets problems get worse and the VA increases their rating to 100% schedular, TDIU becomes moot and no longer applies. In other words you cannot be both 100% Schedular and TDIU at the same time. The lesser value rating is TDIU and the official VA party line is that all decisions are to be made to the best advantage of the veteran.

your money will be the same in terms of compensation. If you have SSDI that is unaffected by becoming 100% schedular.

As brokensoldier said in his second post

1 hour ago, brokensoldier244th said:

If you are 100% by schedule you can work as much as you want, so long as you can tolerate whatever you are doing physically and mentally, while IU is a lot more restricted. 

As for rocking the boat.

I will bet that 95% of the people who read that sentence will immediately think some VSO told you that...and I am one of them.

Don't believe it. There is a lot of chatter as to why VSO's say this, and some can make sense if you are the conspiracy theory type or just believe that everyone in government is corrupt. Whatever the truth is, many vets do hear that from their VSO.  I personally subscribe to the idea that the lazy ones just don't want the hassle of what appealing and asking for increases entail.

if you are in pain, or some existing harm has increased, file for an increase!!!!!! The VA rating system for payments is meant to compensate the veteran for harms incurred by their military service. It is not a handout, it is not the VA's money and it is not a gift. It is compensation.

if you want opinions on ratings we can do better if you supply more information.

list all the SC conditions you have, and at what percent.

List all the other conditions you have not yet been rated for, and if you have already filed a claim for, even if they denied that claim.

list the date each claim was approved, made or denied.

with your level of back problems I doubt you move very well (that makes the weightlifting entry in your profile unusual), which indicates you could possibly have packed on a few pounds and or may have issues with things like diabetes or are nearing that. IF you did pork out the extra weight and limited movement may be aggravating any condition you have with your knees, legs or feet.

I am not trying to be rude my friend, but IF those things exist you may have claims available to you as secondary conditions.

do you snore? do you stop breathing when you sleep? does your spouse have to wake you up when you stop breathing? you may have Sleep Apnea, which can be secondary if your existing SC problems can be logically and medically connected to the SA. for example, your back problem means you have porked out and now have breathing and sleeping problems from the weight. that is a direct line that can be fleshed out to help make the connection. I am not saying it is easy, or some straight process, just that it would be a valid path to explore if that situation exists.

please understand no one here can make suggestions or offer valid opinions until you provide us the information on all your conditions.

1 hour ago, abnrgr88 said:

 now it is totally gone in the right and at 50% in the left.

 

as I asked before is this based on a hearing test or just life? if there was a test was it part of a C&P? Deaf is a ratable and compensable condition and a 50% loss is too if they are service connected.

if you have the audiogram please post the numbers and frequencies. Also post the Maryland CNC results.

This will seem personal and intrusive. it is not meant to be so. Are you depressed, anxious, a little paranoid about things? do you get angry for reasons you used to not get angry? all since your back stuff started "falling apart" as you stated?

you may be able to make a claim for depression and or anxiety secondary to your physical injuries. No one could blame you if you were depressed and anxious. it is no shame no matter what you may feel or think.

the level of problems you have are consistent with developing severe depression. I am not suggesting you lie or exaggerate, but if you are depressed and or anxious, and be honest ask your wife if she thinks you are 'different',  mention it to your PCP, Back Docs, and any other VA docs you see. get them to note it in your treatment record. ask for help with it.

If it is bad enough file a claim.

every vet here has empathy for you and wishes you the best. please post those things i asked for so we can give you better suggestions.

                   
                   
                   
                   
                   
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If they make you 100% you don't need I/u anymore. 

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brokensoldier244th this is debatable

Example/Senerio 

What if a veteran has a 50% 10% and 30% combined rating for hearing loss and he got these ratings over the years as his hearing kept getting worse.

50%hearing loss 10%tinnitus 30% increase on hearing loss   total 90% combined. so actually his rating is 80% plus 10% for the tinnitus  & all service connected. but we will say he has a combined over all rating at 90% for this example.

Okay , he now has a combined rating at 90% and since he can't work due to his S.C. hearing loss  the rater infers the TDIU P&T with no future exams and this condition is not expected to improve within the veterans lifetime.and is P&T

Ok this Veteran is Rated at TDIU P&T Now &  he can't work if he could because of this rating.

OK few years later  he files another claim totally different from his original hearing loss claim,  lets say PTSD

Okay he gets a 70% rating for that plus files a E.D. Claim  secondary to his PTSD medications causing the E.D...This is service connected & rated at 0% But paid in addition to his already TDIU the 108** $$monthly...so basically the ED. Rating don't count being its just at a 0% rating but S.C. (keep in mind this is all service connected)

Ok what do you think his rating should be now? do you think it should be a scheduler 100%.??

Do you think he is entitled to SMC S HB?..Do you think they will make this Veteran 100% and moot the IU award?

If they do that and make the IU Award moot  then that takes away the 90% combined rating he got for hearing loss ..right? then that leaves only his 70% for PTSD.

So in your opinion how should this veteran be rated at now?

What final degree rating should this Veteran have  in your opinion veteran to veteran.

Edited by Buck52

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2 hours ago, Buck52 said:

f they do that and make the IU Award moot  then that takes away the 90%

why would getting rated for PTSD remove the hearing rating? I don't understand how you think that is what happens.

The mere 'addition' of another SC'd condition does not delete or remove your original condition.

so in this scenario the vet is at the stated 90%, gets rated 70% for a non related claim, ptsd in your example, that makes 90 + 70 which is 97 rounded to 100.

Once you are at a schedular 100 there is no place to go except the SMC's but not every 100% vet is entitled to SMC's

AS for TDIU it is the lesser rating. Schedular is the superior rating. they both compensate at the same level.

TDIU amounts to a Congressionally created  work around for unemployable vets whose injuries don't yet meet the schedular maximum of 100%

Once 100% schedular is reached the work around is no longer needed but the underlying conditions and ratings don't go away.

have you ever met a veteran who told you the scenario you mention happened to them? or do you know/hear from veterans who were TDIU but made Schedular and longer needed the TDIU work around?

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GeekySquid

This is just an example and scenario for Brokensolider244th 

Just for Veterans information and education about rating proposals for IU Veterans  and discussion on the above posting about the way IU is rated my example is addressed to Brokensoldier244th as to what is being discussed.

I know the answer to this scenario and how and why a Veteran is rated for I. U. or the 100% Scheduler for the normal rating process  and for SMC...With the exception of special circumstances.

A lot of Veterans out there don't know the answer to this who maybe rated with the CFR 4.15. OR 4.16 (b) Extra scheduler rating that were rated with a combined rating less that the 100% scheduler

Your correct as to why we have the TDIU Rating for Veterans that have a lesser rating of 100% who can't work because of their S.C. Disability   the IU is giving to the Veteran to help out financially Obviously.

I wanted to see what Brokensolider244th answer was?

 GeekySquid quoted

''why would getting rated for PTSD remove the hearing rating? I don't understand how you think that is what happens.''

I don't think that  duh!!!!

This was addressed to Brokensolider244th  not you sir.

It will state in e benefits on EOB just how a Veteran is rated and S.C. for and if they meet the 100% of the scheduler rating   as to the final degree of his/her rating.

  If they reach that plateau and Normally a 90% combined S.C. Rated Veteran that is getting IU With P&T with no future exams scheduled and his disability is of chronic in nature and not expected to Improve in his/her life time  AND files for another disease or Injury and that is S.C. And giving a rating of 60 % or higher  this quailfy's  the Veteran for SMC S H.B. using the SMC Special rating table chart  The reason for of this   is some times the rater don't do this for the Veteran  so if the Veteran knows of this then he can request the SMC S HB be given to him  its about another 360.00 bucks added to his 100% rating .

this is a statutory  rating and its mandatory for the raters to give this rating to the Veteran. They tend some times not to do that.

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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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