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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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  • HadIt.com Elder

What is the best claim reference material these days?  I have not filed a claim in a few years.  I have an old vet benefits manual.  What has changed in the last five years?  

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VBM is still the best.  There have been many many changes.  The biggest is RAMP, now called AMA.  

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  • HadIt.com Elder

Thanks Bronco

 

               I worry that as I approach my 20 year mark at current disability they VA will pull a fast one and call me in for a C&P exam.  Most of the doctors I relied on for IMO's have retired.  I still have one doctor who will help me.  These doctors who will write IMO's for vets are a valuable resource and a shrinking resource I think.  I don't trust anyone working at the VA or through the VA.

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6 hours ago, john999 said:

I worry that as I approach my 20 year mark at current disability they VA will pull a fast one and call me in for a C&P exam.

why do you think they would do that.... barriers are raised at different levels at different milestones. 1 is being 55 or older. then 5, 10, 15 years more appear. Then there is the whole P&T issue that pretty much wipes you out of consideration for every review (that you yourself don't initiate) except a random audit of your payments but not your conditions and ratings..

Breathe Breathe Breathe

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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.



      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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