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Commonly Claimed Disabilities
Tinnitus | PTS(D) | Lumbosacral Cervical Strain | Scars | Limitation of flexion, knee | Diabetes | Paralysis of Siatic Nerve | Limitation of motion, ankle | Degenerative Arthritis Spine | TBI – Traumatic Brain Injury
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70% PTSD going to try for 100%
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Our picks
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Defense Bill Passage and Bladder Cancer
rebabevets posted a question in VA Disability Compensation Benefits Claims Research Forum,
I already get compensation for bladder cancer for Camp Lejeune Water issue, now that it is added to Agent Orange does it mean that the VA should pay me the difference between Camp Lejeune and 1992 when I retired from the Marine Corps or do I have to re-apply for it for Agent Orange, or will the VA look at at current cases already receiving bladder cancer compensation. I’m considered 100% Disabled Permanently-
- 10 replies
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5,10, 20 Rule
Ddsr posted a question in VA Disability Compensation Benefits Claims Research Forum,
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.
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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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- 41 replies
Picked By
Tbird, -
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Post in New BVA Grants
broncovet posted an answer to a question,
While the BVA has some discretion here, often they "chop up claims". For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.
I hate that its that way. The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel. -
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Finally Won...NOW WHAT?
Ztmiller8 posted a question in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC,
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!-
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- 13 replies
Picked By
Seekz, -
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Post in Higher level review
Joey Ross posted an answer to a question,
I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and nothing about stressor,Picked By
Joey Ross, -
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Question
robert51 5
Well i have been 70% PTSD PT IU for 13 years now ... I presently live in the Philippines and get this saw a a shrink and paid for it myself for over 10 years , reasons i paid myself was i could not fit my life into their 45 min allotment two to three times a month... Well i did manage to get a report written on a SS format and for the most part it says i am not all there most of the time one year i got a fair for being clean and on time . So now at 68 years old i see this budget crap and talk about stopping IU so i thought time to get back in the mix. I have an exam set up this Saturday and another in a few weeks
To be honest i thought they would just read thru the 10 plus years of reports and decide from there ? This SS blank form has like 30 questions and a score Good Fair and POOR i get 28 poors and 2 fairs almost every year. Should i bring these reports to the cp doc or will that look like i am being pushy? The doctor i see on and off and the off because she gets to much religion into the session . I am also asking for a shot at other stuff back and knees both shot.
My connection to the military is too many crashes in helicopters. My back first was hurt when i crashed as a gunner hard landing while wearing my chicken vest front and back . after that i would sit on it to protect my family jewels . I do have a question for you guys once i got sick really sick in viet nam in a FSB and woke up in Phuv Vin in a bathtub strapped down with ice was that ma lira ? My temp hit 106 maybe my brain cooked who knows..
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GBArmy
Robert. If this is just another "regular" routine exam, yes I would bring them along and ask if you could be P&T as it sure looks like you aren't going to become any younger or better. Maybe
brokensoldier244th
Some uppity Senator or Congressperson proposes this every few years, and they have for decades. I doubt that the IU program is going anywhere, but, yes, if you have those forms, Id bring them to your
vetquest
I agree with GBArmy on this one. Just remember to be honest to the examiner. If you do not feel good do not say everything is fine. To many times we tell the examiner what we think he wants to hear
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