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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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    • 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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    • 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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victor Gilkes

prostate approved

Question

Hi Everyone.  Rec'd approval for prostate cancer due to service connection with Herbicide exposure.  They gave me 20% after my C&P exam.  I told them I have go get up at night to use the bathroom 3-4 times and have to use bathroom during daytime every 2-3 hours.  They stated I would have gotten a bigger increase if I used the bathroom 5 times at night and every hour during the daytime. It already causes a inconvenience getting up 3-4 times at night and looking for a bathroom while out in public. 

Can I appeal the decision they made?  If so, what do I need to write up for the appeal?  Thanks for your support.

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On 9/11/2019 at 5:09 AM, GBArmy said:

Victor, this is an old thread. Did you appeal your decision for a higher rate as advised before? What is the status of it?

So my condition has gotten worst.  This has caused an increase of voiding dysfunction.  I am using the bathroom at least 5 times at night and every hour.  I have been going to an urologist at the DC VA med center.  He has prescribed two meds, Mirabegron and Tamsulosin to curb the amount of times I go to the bathroom.  Sometimes it works and most times it does not!  I need to put in for an increase.  It also has caused ED to become frequently.  It must be from the side effects of the meds.  Is this under voiding dysfunction?

So my condition has gotten worst.  This has caused an increase of voiding dysfunction.  I am using the bathroom at least 5 times at night and every hour.  I have been going to an urologist at the DC VA med center.  He has prescribed two meds, Mirabegron and Tamsulosin to curb the amount of times I go to the bathroom.  Sometimes it works and most times it does not!  I need to put in for an increase.  It also has caused ED to become frequently.  It must be from the side effects of the meds.  Is this under voiding dysfunction?

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Just now, victor Gilkes said:

So my condition has gotten worst.  This has caused an increase of voiding dysfunction.  I am using the bathroom at least 5 times at night and every hour.  I have been going to an urologist at the DC VA med center.  He has prescribed two meds, Mirabegron and Tamsulosin to curb the amount of times I go to the bathroom.  Sometimes it works and most times it does not!  I need to put in for an increase.  It also has caused ED to become frequently.  It must be from the side effects of the meds.  Is this under voiding dysfunction?

So my condition has gotten worst.  This has caused an increase of voiding dysfunction.  I am using the bathroom at least 5 times at night and every hour.  I have been going to an urologist at the DC VA med center.  He has prescribed two meds, Mirabegron and Tamsulosin to curb the amount of times I go to the bathroom.  Sometimes it works and most times it does not!  I need to put in for an increase.  It also has caused ED to become frequently.  It must be from the side effects of the meds.  Is this under voiding dysfunction?

I have not appealed yet.  Trying to get an understanding on how to proceed with the correct wording on the appeal.

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Victor, we don't know what you are currently rated at. If you go to http://www.militarydisabilitymadeeasy.com/thegenitourinarysystem.html it gives you the criteria for rating the condition under urinary rating systems, if you go 5 times or more for example, it is rated at 40%. Review and see if those conditions listed compare to what you are doing now. If you are s-c, then the VA should also be furnishing protective pads, and the more you use them is a consideration in your rating. Research Hadit and see many references to your problem for assistance. Do you have a copy of your C&P exam? If you do, compare where you are now compared to where you were symptoms-wise then to now.You could get a doc to update a dbq, especially if you use an outside civilian doc, and if the conditions warrant an increase it would help. Depending on how long ago you were first rated, it may not be necessary if you have the right evidence. If you use a VA doc, you could ask him if he recognizes how your conditions have gotten worse. If he agrees, as him to at least put those opinions in your progress notes. Do some research. Good luck.

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On 9/12/2019 at 7:28 AM, GBArmy said:

Victor, we don't know what you are currently rated at. If you go to http://www.militarydisabilitymadeeasy.com/thegenitourinarysystem.html it gives you the criteria for rating the condition under urinary rating systems, if you go 5 times or more for example, it is rated at 40%. Review and see if those conditions listed compare to what you are doing now. If you are s-c, then the VA should also be furnishing protective pads, and the more you use them is a consideration in your rating. Research Hadit and see many references to your problem for assistance. Do you have a copy of your C&P exam? If you do, compare where you are now compared to where you were symptoms-wise then to now.You could get a doc to update a dbq, especially if you use an outside civilian doc, and if the conditions warrant an increase it would help. Depending on how long ago you were first rated, it may not be necessary if you have the right evidence. If you use a VA doc, you could ask him if he recognizes how your conditions have gotten worse. If he agrees, as him to at least put those opinions in your progress notes. Do some research. Good luck.

Where can I get a copy of my C& P exam?

Where can I get a copy of my C&P exam?

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If it was done at a VA facility it is posted fairly quickly (supposedly). You can get a copy by asking for it at the RO where your records are filed. You will have to fill ot a release for it. If it was done at a contractor's facility, it does take awhile to get it to the RO sometimes. You can also get a copy from ebenefits. You have to sign up for a premium account, but it can be useful for a lot of things. I suggest you give that a try sometime.

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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)
        • Thanks
      • 4 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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