Jump to content

Announcements



  • veteranscrisisline-badge-chat-1.gif

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    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 ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    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

  • Ads

  • Fundraising-001.jpegFund HadIt.com Veteran to Veteran LLC

    HadIt.com Veteran to Veteran Fundraiser
    Revenues are down, costs are up and I need your help. Financial gifts are always appreciated but never required. If HadIt.com has helped you and you can give back a little it is appreciated Give here https://community.hadit.com/donate/make-donation/

    Give a financial gift to help with the upkeep of HadIt.com. HadIt.com is NOT a non profit. Gifts are not tax deductible, they are just gifts. 

  • 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
      • 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)
        • Like
      • 9 replies
  • Advertisemnt

  • 0
Sign in to follow this  
Lemuel

immunoexcitotoxicity (TBI, PCS, PTSD)

Question

How do I submit an article?  Or get someone else to help research and flesh it out?

Basic start:

Berta, Bronco, and other primaries, if you are listening, get your crew to contact NIH and help do an article on this.  (immunoexcitotoxicity)

The primary source or beginning is a concussion, even mild ones.  Could be from a fall as a toddler or at any time in your life.   So, PTSD is simply a symptom of a Post-Concussion Syndrome.  Started harping on the organicity of PTSD in 1987 along with the writing off simple PCS as adjustment disorders.  Did a fast on the Mall in DC in 1995.  Was visited by a group of neurologists led by an NIU neurologist, during the American Neurology Convention, who said NIH would look into it.

If the military didn't pick up anything in those induction scores or if they accepted you for duty and subsequently, because of military exposure your condition is aggravated to the point of interfering with daily life including employability, the VA owes you compensation.  That is the reason Yale has won the Discharge Review Case and is on the verge of winning a class action case on claims more than a year old.

Between 1995 and 1998 the number of PCS studies in the NIH Library more than quadrupled.  She, (the NIH neurologist) was good to her word.  Must have said something at the convention to get it started.

But look at the inertia of getting something done.  2008 an article in a newspaper cause Congress to finally recognize and compensate PCS calling it TBI.  But PCS also happens in just exposure to a blast.  Repeated outgoing heavy artillery brought a lot of vets into the PTSD groups I attended between 1984 and 1995.  PTSD was the only peg they could hang their hat on.  Even mild, moderate and severe TBI had found themselves in the "Adjustment Disorder" diagnosis and couldn't find any peg to hang a compensation claim on other than PTSD between 1980 and 2008.  Before that they just had to accept adjustment disorder.  There is no difference between being close to an improvised explosive and an incoming RPG (simply rockets in Vietnam) But the VA appears to be on the bend of recognizing only improvised explosives, not incoming heavy artillery or continuous exposure to outgoing from your enclosed turret on a ship or camouflaged field howitzer.

Well, yes, PCS causes an adjustment disorder.  But as long as you are treating it as a behavioral problem instead of an adjustment to an organic problem (immunoexcitotoxicity) the necessary adjustments won't be made to even have a semblance of a normal life.  And an organic treatment has no chance of being appropriately directed.  

It is easy for physicians to see that diabetes is an organic problem that will never cure.  It can only be maintained and controlled through continuing care.  But they cannot recognize that with PCS or even that it is PCS they are dealing with.

Cerebral malaria also brings on immunoexcitotoxicity with the exact same problems of PCS.  But those victims from WWII, Korea, Vietnam, Somalia and the current wars are still "adjustment disorders" or hanging their hats on PTSD.  

The present pressure of having therapists put an "end date" on therapy simply doesn't recognize the problem.  Some epileptic drugs help.  But you won't be given them unless you get an EEG that shows something.  For me the 2015 Rx for Keppra was life changing.  At 74 I became more employable than I was at 34.  All of my friends and family noticed a huge difference.

And the VA doesn't want to confirm temporal lobe seizures (the center, I believe, for immunoexcitotoxicity) because it is a situation like diabetes, requiring continuing care and, often, ultimately compensation because of progression.

 

Edited by Lemuel
clarity

Share this post


Link to post
Share on other sites

Recommended Posts

  • 0

Im having some difficulty understanding your question.  

You posted:

Quote

If the military didn't pick up anything in those induction scores or if they accepted you for duty and subsequently, because of military exposure your condition is aggravated to the point of interfering with daily life including employability, the VA owes you compensation. 

This is part of it but not all.  There is a presumptive that your disorder occured in service IF:

1.  Your pre service physical shows you didnt have the disorder prior to service AND

2.  You get a diagnosis of PTSD/TBI within a year of exit from service.  

     VA can rebut this presumption.  Example:

  You have no tbi symptom, diagnosis, or treatment prior to service.  But, you had an automobile accident after service which demonstated TBI symptom.  

Share this post


Link to post
Share on other sites
  • 0
12 hours ago, broncovet said:

Im having some difficulty understanding your question.  

You posted:

This is part of it but not all.  There is a presumptive that your disorder occured in service IF:

1.  Your pre service physical shows you didnt have the disorder prior to service AND

2.  You get a diagnosis of PTSD/TBI within a year of exit from service.  

     VA can rebut this presumption.  Example:

  You have no tbi symptom, diagnosis, or treatment prior to service.  But, you had an automobile accident after service which demonstated TBI symptom.  

Bronco, thanks.  There is a lot more.  I did an edit to make the question clearer.  Font was too small and overlooked.  The rest of the question had been copied and pasted with a larger font.

I'm asking how to post an article and for help to flesh it out.  Actually I need a ghost writer who can organize more than 5 pages in an organized manner.  Not surprised you didn't catch the question.  That is why I need a ghost writer because of my TBI symptoms, to do a book.

For seizures:

The Veteran I tried to get SC for seizure residuals of cerebral malaria had a grand mall seizure within the year.  It wasn't documented other than observance by the family.  The paramedics arrived but didn't transport.  Told the vet to go to the doctor the next day.  No money and no insurance caused no documentation.  The Vet didn't discover his access to the VA until an employer referred him a couple of years later.  The dispatch recorded the dispatch to the address but there was no medical report.  The VA didn't accept that to connect his seizures.  Eventually, after a 9 year fight, he was granted 100% PTSD.  The VA steered away from SC any of his mental health condition to p. falciparum malaria (cerebral malaria).  Obviously not wanting to create a category of disability source. 

In 1998, at the Sub Committee on Veterans Benefits, the VA Chief of Neurology, a DR Boos, referenced a bogus study that was done on 20 vets in Vietnam immediately subsequent to having p. falciparum malaria.  I say bogus because, although the study passed peer review and was published, it broke the cardinal rule of not having a valid control group.  It compared two groups of ten veterans with p. falciparum malaria.  The report only recorded 18, 9 in each group, after one didn't recover and was sent home with a "pre-existing" mental health condition.  The only way you can know there were originally 10 in each group is by the separate report is to catch the separate report on the 20th victim by one of the other participants Kastl, etal group study.  I could post an article I wrote but couldn't get published about the Kastl, etal study also.

Many vets with lower but acceptable induction scores need a lot of help.  Henry wasn't that bad from his MOS until after the episode of malaria.  Anosognosia resulting from that and self medication with ETOH led to alcoholism and an aggravation of the seizures which was never SC even as secondary to the PTSD induced alcoholism.  No precedence in his case because we couldn't get into a court.  And within days of opening the CAVC the DRO granted him 100% PTSD.  A lock out of what should have been assistance to many.  What is the VA's resistance to SC seizures?

And, for example, my PTSD symptoms showed up but were not documented within a year as are most unless you count family or friends observance of your excessive drinking after you returned.  VA tends to ignore such claims.  

 And the TBI symptoms were only documented as adverse performance marks.  (not extremely bad but noting an effort was being made to not mark me down because of a recent 30 day hospitalization.)  The PTSD symptoms can take years to show.  

A WWII veteran in the mid 1980s woke up from a nightmare of hand to hand combat and discovered he had strangled his wife in bed next to him.

The first TBI/PTSD symptoms may have to be documented in police records.  Arrest for DUI or DAD or other substance abuse.  To get a full article we need to flesh this out a lot.

There is a lot in my 36 years of dealing with the VA to put in a book.  A ghost writer or additional author/ghost writer could put a lot together.

Edited by Lemuel
clarity, typo

Share this post


Link to post
Share on other sites
  • 0

You asked, 

Quote

How do I submit an article?

You "submit an article" just like you did, you can post your opinions on hadit.  

Now, if you are asking "how to submit an article" in a scientific journal, this normally requires original scientific research as well as peer review.  

If you are asking how to submit an article "to VA" in regard to your claim, then you can send a 21-4138 as to your opinions to VA.  

However, there are 2 different classes of evidence for VA:

1.  Lay Evidence  You need not have any medical background to submit lay evidence.  You can testify things like, "I was hit on the head on/about June 14, 1989 from a blow from a weapon in training".    You dont need any medical training to describe what you personally observed.  And, the VA can not reject your testimony based on the fact you are an 'interested party'.  

2.  Medical evidence.  All claims require medical evidence to succeed.  They require a medical diagnosis, as well as a nexus.  You can not provide this evidence, UNLESS you have a medical degree or medical training.  The VA does not consider you "competent" to diagnose or offer a medical opinion as to TBI.  Only a doctor or medical professional can do that.  

Of course, if you are so inclined, you can attend  medical school and publish your own opinions and research.  

     I THINK what you are getting at, is how to submit a scientific article from a journal related to your medical conditions.  You can provide your doctor a copy of the applicable article.   He can decide if he thinks its applicable to your conditions or not.  

     Now, Im guessing you mean how do you WRITE such an article for publication.  Again, if you expect any sort of credibility, you would need to be considered an expert in the field, probably with a PHd or MD degree.  I have a Bachelor's degree, but its unrelated to medicine, so I can not "ghost write" your article either.     While I have written multiple articles for college, I am unqualified to write anything on TBI/medical or even close.   

Edited by broncovet

Share this post


Link to post
Share on other sites
  • 0

Thanks Bronco.

There are better writers on this board than I am.  Maybe someone would like to go through what I'm pasting here and edit.  They can even have all copyright rights.  I wrote this when my mind was working better.

After I submitted this the "Journal" reposted with the test results.  Still didn't compare to the patients induction scores.  And tests are suspect because the study is written in a way to fail peer review but get the writers out of Vietnam and out from under reprisal threats for not coming up with a predetermined outcome.

The "Study" will be my next post here.

Copy paste didn't work so I'm attaching the two articles to this post and deleting the rest in this edit.

Notice how the "Brain that  Misplaced its Body" and the testimony except for Dr. Boos, tie into immunoexitotoxity.

 

 

PEER REVIEW KASTL, ETAL.pdf

Edited by Lemuel
Copy paste didn't work, upload file

Share this post


Link to post
Share on other sites
  • 0

I'll edit the last and this as soon as I have time to put them in more readable form.  This was in columns and the columns didn't follow properly.  And the font of column 1 is different than column 2. The link above will only get the summary without paying $35.00 for the article.  The attached is the article quoted by DR. Boos in the above post with testimony at the House Subcommittee on VA Benefits in 1998.

There is an article by DR. Blocker on that "20th patient" meaning dropping him from the study required dropping one more from the other group from the study.  Suspect he was actually in the B group until he went into late delirium.  Like the delayed unconsciousness from a concussion. 

This should be enough to help anyone who wants to wade through it and come out screaming.  

I'm deleting the cut and paste and attaching the article.  Should be easier to read.

 

 

Psychological_Testing_of_Cerebral_Malaria_Patients.4.pdf

Edited by Lemuel
clarity

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this  

  • Similar Content

    • By Lemuel
      Are there any veterans with traumatic brain injuries prior to the effective date limitations in the 2009 VA letter recommending application for benefits under the 2008 change in the rating schedule?  Would you like to join as a joint claim on my "next of friend" claim on your behalf in 1994 for an earlier effective date (EED)?
      The reason I am asking is that I have an unadjudicated Substantive Appeal that could take your effective date back to at least 1988 under 38 CFR 3.321(b) and possibly based upon your history back to the earliest signs of difficulty.  (copy and pasted at the end)
      I recently received a TDIU award back to September of 1985 via a BVA remanded unprocessed extra-schedular claim under 38 CFR 4.16(b) which applies 3.321(b) to individual extra-schedular claims.  It appears the Executive Director, Compensation Services, Beth Murphy, grants EED based upon history not necessarily claim date.  The date she granted me was my last full time employment, two years before my extra-schedular claim.
      Attached is my unadjudicated November 26, 1994 Substantive Appeal to VARO Denver's May 6, 1994 Statement of the Case (SOC).  The 11/26/1994 SA includes a "next of friend" claim for all veterans with organic brain syndromes. 
      I was trying to get an Administrative Hearing for the purpose at the time and had not found 3.321(b) yet. 
      Now that I have connected the dots properly I believe I'll finally be able to accomplish what I set out to do on the recommendation of Dr. "Hook", a one armed psychologist who cornered me after a PTSD group therapy session on my bringing up the organicity of many of the individual's PTSD complaints, including one with grand mal seizures and suggested a therapy route for me would be to take up activism on their part.  I was having trouble staying employed and was not cognizant yet that my problem was absence and complex partial seizures from temporal lobe epilepsy caused by my TBI in 1969.  His thought was that the activism on behalf of others would reduce my depression from lack of employment with my retained 126 verbal IQ.  Still don't understand the deficit to a 98 visual spatial IQ.  But it has probably caused delays in my accomplishments even on this project. 
      I have an attorney who will be working on my part for 20% of my back pay.  I will ask him to ask the Executive Director to grant EAJA in the payment of fees because of the long history of obstruction especially by VARO Denver.  I just connected the dots on the way to redirect my approach to this reading a response from Broncovet to one of my posts on another question I had.  So, will have to discuss with my attorney how to bring others along and if he'll take others in support of my claim and satisfy with just 20% of my back pay.
      The optional avenue would be to put your own claim in but without my BVA found medical opinion expertise and the attorney's legal back up.  I'd say my attorney's guidance in getting me an award of over $400,000.00 EED for TDIU (of which he received over $80,000.00) was worth the cost.
      From my BVA Decision:  "In this regard, he is competent to report on factual matters of which he had firsthand knowledge. See Washington v. Nicholson, 19 Vet. App. 362, 368 (2005). The Board further finds that the Veteran's statements are credible."  I believe this statement can be expanded to include my first hand study of organic brain syndromes including those for cerebral malaria in trying to understand my own condition and lack of employability at the time.  This study includes a basis background of 13.3 years as a Navy hospital corpsman.  There is also 3.159 which defines competent evidence:
      "(1) Competent medical evidence means evidence provided by a person who is qualified through education, training, or experience to offer medical diagnoses, statements, or opinions. competent medical evidence may also mean statements conveying sound medical principles found in medical treatises. It would also include statements contained in authoritative writings such as medical and scientific articles and research reports or analyses." 
      My attorney is also located in San Diego with access to one of the most recognized brain science medical schools in the country.  UCSD Medical School.  And I have a digital library of, "authoritative writings such as medical and scientific articles and research reports or analyses", that will be helpful.  
      3.321(b)
      "(b) Exceptional cases (1) Compensation. Ratings shall be based as far as practicable, upon the average impairments of earning capacity with the additional proviso that the Secretary shall from time to time readjust this schedule of ratings in accordance with experience. To accord justice, therefore, to the exceptional case where the schedular evaluations are found to be inadequate, the Under Secretary for Benefits or the Director, Compensation Service, upon field station submission, is authorized to approve on the basis of the criteria set forth in this paragraph an extra-schedular evaluation commensurate with the average earning capacity impairment due exclusively to the service-connected disability or disabilities. The governing norm in 
      these exceptional cases is: A finding that the case presents such an exceptional or unusual disability picture with such related factors as marked interference with employment or frequent 
      periods of hospitalization as to render impractical the application of the regular schedular standards."
       
       
      19941126 Lem to BVA sub appeal copy Cheye_Redacted.pdf 2868-2887 19940526 SOC 1992 appeal_Redacted.pdf
    • By Ztmiller8
      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!
    • By Lizette
      I received my rating for PTSD in 2017.  I recently got a call to schedule an evaluation for PTSD.  I'm assuming they're checking to see if my symptoms have gotten any better.  Is there anything I need and/or should do to prepare for this (ie documentation).  I get so uncomfortable having to talk about things to a stranger.
    • By MarineLCpl
      At the end of June, I noticed a claim had been opened for my SC’d PTSD, currently rated at 70%. 
       
      Little background, I was rated at 70% for Major Depression back in 2010. I filed for TDIU and it was granted later that year. The VA re-examined the Major Depression in 2015. They changed my diagnosis to PTSD with Major Depression, but continued the 70% rating. IU remained intact. 
       
      Fast forward to present day, the VA decided to reevaluate the PTSD (just shy of 5 years since my last C&P). I attended an exam, it went well. Doc was nice and made me feel comfortable, which was a relief because I hate going to those things. 
       
      I received my packet yesterday with a decision. The C&P exam showed my symptoms had gotten worse, but not enough to warrant an increase. They continued my 70% rating and kept the IU intact. 
       
      Here’s what did change: it states that I now qualify for basic eligibility to Ch. 35 benefits due to my disability being considered permanent and total. I was under the impression that you needed to be rated 100% scheduler to qualify for this, but apparently they consider TDIU P&T equivalent to the 100% scheduler rating in this regard. I did not know this and thought TDIU simply “paid the same rate as 100%.” 
       
      There was no information regarding the need for future exams. In the past, there was always a closing sentence that stated I could be re-examined. Since they changed my status to P&T, does this negate the need for reexaminations in regards to the PTSD? Just not totally sure how this works. What I do understand is that if I opened a new claim or filed for an increase, a C&P would surely follow of course. 
       
      Here’s another area that makes me uneasy. I have held off on filing secondary claims related to the PTSD, such as ED and IBS. I’ve also considered filing for tinnitus. But something tells me that I may be asking for trouble if I do so. Some have told me that because I’ve been granted 100% TDIU P&T that I shouldn’t worry about filing new claims in hopes of reaching scheduler status. These opinions are mixed, some say go for it, others say “don’t push it.”
      While they are valid claims, not sure what I should do. The only benefit I see to scheduler, aside from dental, is that I could “work” with no income barriers and not have to worry about risking my benefits if I make too much. Currently, the little work I do is hobby- based and only nets a few thousand dollars a year. I file taxes every year showing this income. BUT, I do have ambitions toward expanding this into a small operation someday to earn a little extra income for an IRA. Retirement is one of my biggest fears. But at the same time, I don’t expect to be making anything beyond marginal income in this lifetime, regardless of an expansion. 
       
      So much to think about...I suppose I should be grateful I’ve made it this far...I wish I could say my doubts, fears, etc have dwindled, but unfortunately, I feel no different. As we all know, the VA plays by their own rules after all. 
       
      I WOULD like to say thank you to all those that helped me reach this point. I try to help others on this site as a way of giving back. This community has been a godsend to me for many years. 

      God Bless, 
      MarineLCpl
       

       
       
    • By Wise Guy
      One of my friends been out the military for 6 years. However, he needs to file for MST. He doesn't have any evidence in his records (No police records, investigations, statements, or anything) of MST but to my knowledge, a bill was passed that says we no longer need evidence. I could be wrong so please correct me if I am. Here are my questions below:
      1. Does he need buddy statements from friends he served with to get it connected to service?
      2. Does he need to provide a name of the person that sexually assaulted him?
      3. Does he need a phycologist nexus outside the VA of all his symptoms with the verbiage, "It is in my professional opinion that, his PTSD was caused by Military Sexual Trauma. Additionally, it is more likely than not that his PTSD, severe is connected to his time in service."
      or
      "After reviewing patients buddy statements and having 2 sessions with him, it is in my professional opinion that, it is more likely than not that his PTSD, severe was caused by Military Sexual Trauma. Additionally, it is in my professional opinion that, it is more likely than not that his PTSD, severe is connected to his time in service"?
      If he does need a nexus, which verbiage above sounds better than the other or what sounds better in general? I want him to get this right the first time. 
  • Ads

  • 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
      • 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. 
      • 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)
        • Like
      • 9 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines