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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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  • 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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      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.

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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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autumn

To RAMP or legacy appeal?

Question

recently one of my claims was denied and attorney is appealing it. the VA C&P agreed with the claim and attorney mentioned the denial was bogus/bs.  pretty sure that was at the DRO level. 

attorney asked me if i want to RAMP this appeal or legacy appeal.  we already waited almost 3yrs when this denial came in and likely another ~3 years when it is legacy appealed, not  on the RAMP system. my understanding is we don't lose appeal power going with RAMP, is that correct?  attorney isn't getting worse results with RAMP than say the legacy appeal way i'm told.  before i green light RAMP i want to ask, are veterans choosing the RAMP path now & finding it worth it say vs the legacy appeals?

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2 hours ago, 63Charlie said:

Please elaborate on the rules where you state back pay is lost by doing RAMP.

and soon too please, as i need to make a decision soon. thx

2 hours ago, JKWilliamsSr said:

Everything I have read so far tells me that everyone should get as far away from the RAMP process as they can.  It is nothing more than quick denial and if the new rules are correct it screws you over on back pay.  

i sorta had that in the back of my mind too which is why i wanted ask other veterans here about it. do let us know the links where you read that please.

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2 hours ago, JKWilliamsSr said:

I saw it from this thread

I guess a lot may have to do with interpretation so I guess we may have to see what happens when the rule goes into affect.  I am not sure of the VA can make new rules concerning the effective date of a claim since there is specific case law pertaining to effective dates.

However, I will have to concede that your attorney will definitely know more than I would on this matter. I am truly a novice when it comes to this.

 

thanks for that. after viewing what @broncovet wrote,

"If you are submitting new evidence that could result in an effective date of MORE than 1 year back, then your best bet may not be to opt into RAMP SCL for reasons I outlined above. The way I interpret the new regulations is that you can not get an effective date MORE than a year back by submitting new, relevant evidence in the SCL.  

Thus, if you anticipate submitting new evidence that could result in retro more than a year back, it may be in your best interst NOT to opt into RAMP.    Read the regulation I posted above, counsut with professionals, then decide for yourself.  "

i now have reservations about going RAMP way. but with the info you & others at that link provided i can know ask my attorney a few pertinent questions i didn't know to ask until now. and current RAMP rules seems to be changing Feb 19, 2019 if my reading understood correctly.  thx

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5 hours ago, BuddyLoveAK said:

From my experience in the legacy appeals it looks like the BVA is prioritizing RAMP over legacy. So if you go legacy it's going to take longer than usual.

that was the only thing i sort of knew about current RAMP. but, i had wondered at what cost to the veteran. most of us have been burned by new legal  rules VA implements, most always favors VA cash cow and the veterans though in writing it may well read well.

i'm still reading and digging trying to decide RAMP or not. and within RAMP, that too has path options.  thanks for your reply

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If you read the new regulations on effective dates, you will notice that "RAMP terminology" is included.  For example, prior to 2017 the regulations did not have the phrase "supplemental claim lane" which is one of the options of ramp.  

https://www.law.cornell.edu/uscode/text/38/5110

As I explained in another post, these new regulations appear to penalize Vets who opt for the HLR (Higher level Review) in RAMP.  Of course, this is a matter of interpretation of the law, and IM unqualified to interpret VA regulations.  

Howver, from the get-go it says:

 

Quote

 

38 U.S. Code § 5110 - Effective dates of awards

prev | next
(a)
(1)
Unless specifically provided otherwise in this chapter, the effective date of an award based on an initial claim, or a supplemental claim, of compensation,dependency and indemnity compensation, or pension, shall be fixed in accordance with the facts found, but shall not be earlier than the date of receipt of application therefor.

 

Did you notice the effective date rules DID NOT mention "Higher level Review" but Did include the term "supplemental claim"?
These are the 2 options when you go into RAMP:  Higher level review (HLR) or supplemental claim lane (SCL).  
The term "higher level review" is noticably absent from the regulation.  This is a concern, and suggest that effective dates for SCL and HLR are treated differently.  
Further, I read NOTHING that suggests that HLR effective dates will be BETTER, and more likely will be far worse.  
 

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26 minutes ago, broncovet said:

If you read the new regulations on effective dates, you will notice that "RAMP terminology" is included.  For example, prior to 2017 the regulations did not have the phrase "supplemental claim lane" which is one of the options of ramp.  

https://www.law.cornell.edu/uscode/text/38/5110

As I explained in another post, these new regulations appear to penalize Vets who opt for the HLR (Higher level Review) in RAMP.  Of course, this is a matter of interpretation of the law, and IM unqualified to interpret VA regulations.  

Howver, from the get-go it says:

 

Did you notice the effective date rules DID NOT mention "Higher level Review" but Did include the term "supplemental claim"?
These are the 2 options when you go into RAMP:  Higher level review (HLR) or supplemental claim lane (SCL).  
The term "higher level review" is noticably absent from the regulation.  This is a concern, and suggest that effective dates for SCL and HLR are treated differently.  
Further, I read NOTHING that suggests that HLR effective dates will be BETTER, and more likely will be far worse.  
 

i didn't notice until you brought it to my attention.  i'm reading the effective retro date affects "new" claims, versus an already denied claim. i know we are submitting a new medical opinion with the appeal to counter the odd denial. i don't know if in VA legalese that makes it a "new" claim or "new' evidence or what. and if i go with RAMP if we should go SCL or HLR.  i'll ask the attorney this for sure.  the effective dates issue you and others brought up is concerning and i have to get that clear in my head first. along with what the heck Feb 19 implementation will actually mean to my claim(s).

thanks.

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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/
      • 2 replies
    • 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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