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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

From SMC M to R1 in 4 months and 17 days


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  • HadIt.com Elder

This is an amazing story. I got a Vietnam Swift Boater (Dan) R1 last year.  Sadly, he passed in early January. They got almost a year of R1-  $93,600 -before he passed..  This Vet's wife (Dan's daughter) came to me in early December and asked me to help her. Seems the VFW in Arkansas doesn't understand SMC very well. They said her husband was maxed out at SMC M. But of course, they said that before he finally got SMC L. I was honored to represent this 11 Bravo 20 w/ CIB. Two R1s and two Vietnam Vets in the same family. That will probably stand as my personal best. Hoooooo, doggies I do love to litigate. Leave no one behind fellow members. Never.

This is precisely why I chose to become a VA agent. I wanted to make a difference in a few Vet's lives before I punch out. 

Some of you will ask how much money I made. $36.75  for USPS Priority mail postage. The Arkansas Puzzle Palace didn't fight my Vet on it nor did I expect them to.  Cool beans, huh? 

redact R 1.pdf

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That's awesome @asknod, I am thinking about taking the plunge to become an agent.  I just need to set aside plenty of time for study.

That's awesome @asknod, I am thinking about taking the plunge to become an agent.  I just need to set aside plenty of time for study.

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  • HadIt.com Elder

Read down this article to the bottom. There are three links to course material I got at the 2016 Las Vegas NOVA conference. Actually, the guy teaching the course (Alan Gumpenberger) didn't have an answer key. I had to look up every single question in 38 CFRs §§3, 4, 19 and 20. Every one of these questions were or are on any given test. VA is too cheap to make up new tests every year. Besides, remember they have to make it easy enough for VSO National Service Officers to pass. There were 28 questions and you had to get a score of 75% or better (in 2016). They gave me 90 minutes. It took 23. Join NOVA after you are accredited and your fellow attorneys will help you at no charge and offer killer advice. 

https://asknod.org/2019/05/25/memorial-day-2019-dirty-deeds-done-dirt-cheap/

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    • 5,10, 20 Rule
      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.



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      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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