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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.
      • 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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Question

     I have been rated 80% with TDIU since 2013. I recently attended my 5 year re-evaluation for PTSD. My exam results showed up on Myhealthyvet today, but I shouldn't get a decision until June or July according to VA.gov. I just wanted to know what you guys thought my rating "MAY" be based on this C&P.  Of course, my PTSD and MDD are firing at max speed right now worrying about it. My concern is the part where the Dr says "Moderately Severe" PTSD and depression. I have heard stories about the raters pulling small words like that out and using them for a reason to reduce benefits.                             Thank you in advance for your time and responses. 

 

cp1.pdf cp2.pdf cp3.pdf cp4.pdf cp5.pdf cp6.pdf cp7.pdf cp8.pdf cp9.pdf cp10.pdf

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Which one of the following best describes your situation?  This is a general idea of how they will rate it.  They don't go off of one statement a doctor will place on there, it is more of a puzzle and finding out which once you fit into.

General Rating Formula for Mental Disorders

After looking it over page 9 is where I would look to see how they will rate it.  If I am reading this correctly the 70% seems to fit.  But I am not a rater, so It will based on what they see.

Edited by shrekthetank1
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I think that shrekthetank hit it right at 70%.  If it does not come back as expected appeal.

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I agree with Vetquest  70% seems to meet the appropriate  rating closes to the symptoms ,but it looks like to me it can be a close 100% rating   depending on what the raters see and read.

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70% is what i am currently rated with TDIU.  I was thinking 70% as well... I am not clear on the rules for TDIU when it pertains to a situation like this. Can the rater keep me at 70% and reduce my benefits by taking away TDIU? Even if the Dr said my condition has not improved since my last C&P? Thank you for your responses. 

 

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Yes he can but I will say wait for the BBE.  We never know which way the rater will go.  I can only advise patience and a calm demeanor.  We have all been through this at one time or another and worrying only makes us older than our years.

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  • Similar Content

    • By Ddsr
      P&T (Permanent & Total) Status
      • You can be 100% IU (Individual Unemployability or TDIU) with or without P&T status • You can be 100% schedular with or without P&T status. • You must be either 100% schedular or 100% IU to be P&T. That is what the 'T' is for (Total) • P&T=Permanent & Total which gives you no future reviews (unless you request one by filing a new compensation claim or filing for an increase) and more benefits for dependents including dependent education assistance (Chapter 35) and if not Tricare eligible, healthcare through CHAMPVA. --- If you are 100% or 100% IU and want to check...--- Some people already have Permanent & Total (P&T) and don't realize it. Log in to the va.gov website. Look under 'Records'. Click 'Download your benefit letters'. On the next screen click 'Get Your VA Benefit Letters'. Next: View Letters Select 'Benefit Summary and Service Verification Letter' To see if you are P&T, the statement will say "You are considered to be totally and permanently disabled solely due to your service-connected disabilities." --- If you are 100% schedular or 100% IU you can file for P&T status is you don't have it. There is no legal timeframe when P&T status is automatically given EXCEPT if you have been IU or 100% schedular for 20 years.
    • By Ddsr
      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) 2022 - Service Connection Increased @ 50% RESULT: 50% is Protected from reduction in 2042 (20 years) ------- Second example for 2020: Example of protected percentages: • A Veteran gets awarded @ 30% in 1991. • The Veteran files for an increase and is awarded 70% in 2004. • The Veteran files for and is awarded TDIU status in 2005. --------- RESULT: In 2001 (10 years), the condition's service connection is protected. RESULT: In 2011 (20 years), the 30% is protected from reduction (except for fraud). RESULT: In 2024 (20 years), the 70% is protected from reduction. RESULT: In 2025 (20 years), the TDIU is no longer monitored yearly for income and is protected from reduction. In addition, the Veteran is automatically P&T. For clarity on the 5 year rule: This says the VBA must have proof of sustained improvement. An example might be when a Veteran has a mental health condition yet does not go to a psychologist/psychiatrist. Or, if the Veteran never has his service connected back status noted in the current medical records. Those situations would suggest a sustained improvement because the Veteran did not seek treatment or therapy or at a minimum get a current status noted in the medical records.
    • By Ddsr
      file:///C:/Users/dantr/Documents/VA Individual Unemployability Tips For Filling Out the VA Form 8940.pdf
    • By Punisher
      I need some guidance or suggestions from the experts.
      I am currently at 100% schedular (temporary, not P&T). My higher Service connections are:
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      Now, two of the three RFE claims show as complete and the VA website says they sent a letter; however, one of the conditions (TBI) got moved over to my PTSD claim and the status went from the exams being complete and in the last phase or so, with a projected completion date sometime this month to December!  On top of that, the VA started a claim for "IU" on my behalf without asking me, so they also added the couple of VA forms required with the due date of 7/31/2020.
      The IU part might not sound bad, but I was already 100% (temporary unfortunately) without the PTSD service connection and I believe I made a compelling case for at least 50% of that, if not 70% as I met most of that criteria.  So, I've always heard, read, seen in videos, and even been told directly that when someone is at 100%, albeit temporary, it's not wise to apply for TDIU since it pays the same AND the VA may then reduce other percentages.  Also, as you know, it can be easier for them to later remove the TDIU classification for technicalities.  Lastly, those forms are the worst part for me.  I DO NOT want to have to fill those out, especially the one you have to bring to your former employer.  My company was located off-base, so they never even observed my daily performance.  The military supervisors who were over me have since moved on as it's been over a year.  Finally, I usually burned up PTO to cover all the time away for appts and physical therapy, which they knew about, but as for PTSD issues I was going through, I sure as hell did not disclose to them as it was none of their business, super private, embarrassing, and I would have been worried about my security clearance!
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    • By ThomasGray
      First off, hello and thank you in advance for any help that can be provided. Also, I apologize if something is not clear, trying my best to keep things concise.
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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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      • 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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