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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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    • 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.
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    • 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. 
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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)
        • Like
      • 9 replies
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Question and Statement

Question

Got a call from a former neighbor whom resides in Tennessee.  He was overwhelmed about service connection (granted) for sleep apnea and rhinitis at the Board of Veteran Appeals. He is excited. He first filed in March 2010, got the initial decision in in April 2011,  filed NOD in September 2011, received statement of case in December 2013,  forwarded form 9 July 2014,  appeal sent to BVA October 2016, and decision granted February 2019.  He has a few questions???

How long does it take the regional office to implement the VBA grant?

Will C&P exams be necessary?

If he disagrees with decision, can he appeal directly back to the BVA instead of the regional office?

He is currently 10%.  How will the backpay be calculated?

 

A lot of people contributed to his success. The process taught a few simple lessons I will share.

 

1. Get your medical records/files.

2. Go through file and document every sick call incident.

3. If you are currently suffering from any sickness or injury in the file, GO SEE A VSO.

4. Visit a doctor or specialist.  Explain you are a veteran and want a comprehensive exam.  Furthermore, the exam needs to be a CT Scan, MRI, X-RAY, Blood Work, Nerve Conduction test, etc. Medical evidence is key when establishing chronicity or current injury. Remember if you can't establish initial incident in service, no medical evidence supporting claim, or current verified diagnosis of injury or sickness, you won't win your claim.

5. Ask the doctor to opinion the viability (nexus statement) of sickness/injury being related to military service records.  And include any treatment notes related to injury/sickness.

6. If you can complete the triangle, you have the foundation for a claim.

7. File claim with VSO and continue prescribed treatment plan from doctor.

8. You should be approved; however if denied.  Get medical information, medical test results, and military records, which directly refute the reason from denial.

9. Don't become frustrated.

10. If denied again. File form-9. Don't waste time with reconsideration. Directly to BVA.

11. Prepare for a 2-3 year wait, but continue to see doctor and gather evidence.

 

This process is long and hard, but taking time in the beginning can help so much.

I hopes this helps someone new to the process. Fight for the benefits you deserve.

NEVER GIVE UP.............

 

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How long does it take the regional office to implement the VBA grant?

Will C&P exams be necessary?

If he disagrees with decision, can he appeal directly back to the BVA instead of the regional office?

He is currently 10%.  How will the backpay be calculated?

 

 

1. As long as it takes them  but it should not be too long.

2. No addition c/p exam will  be required

3. He would appeal to the Court of Veteran Appeals 

4. The back pay will be calculated back to the original date of the claim ( awards letter will list effective date looks like March 2010),  So he will get back pay from that date minus any pay he has already received for the original 10% rating. 

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Thanks.............

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If you disagree with any RO decision (whether or not its an implementation of a board decision), you have 3 choices:

Appeal to the board,

Appeal via HLR

Appeal via SCL. 

Of these, I recommend only a board appeal or Supplemental Claim lane.  I dont recommend HLR, and neither does Alex Graham.  

Board denials are appealed to the CAVC.  You can not appeal a remand, but you can appeal ANY ISSUES which are denied.  You can appeal an award, also, if you dispute the effective date(s).  

    We can not say "for sure" whether or not a c and p exam will be required.  There are some circumstances when one could be required.  An example is if the BVA awarded "service connection", but did not specify a disability percentage.  In that case, the RO may require a c and p exam to determine the extent of your current disability.  

     The back pay is paid to the first day of the month FOLLOWING the effective date.  

The effective date is the later of the "facts found" or the date of claim.  If you applied in 2002, but the doc said you were not disabled until 2009, then your effective date will be 2009.  

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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/
      • 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)
        • Thanks
        • Like
      • 9 replies
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