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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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    • 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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    • 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.
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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.
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Berta

ALL AO Cancers and other presumptives as of August 5, 2019

Question

News Room

NVLSP’s FAQs for Blue Water Vietnam Veterans

Released 7/25/19 | Tags: Agent Orange, Class Actions, Congressional Legislation, Veteran's Benefits

"Important News:  A major change in law occurred in 2019 that should enable thousands of veterans who served on ships in the waters offshore Vietnam to obtain VA disability benefits for diseases associated with exposure to Agent Orange.  The change in law should also enable survivors of these veterans to obtain VA death compensation for deaths due to diseases associated with Agent Orange exposure.

Frequently Asked Questions (FAQs): This document provides answers to the most frequently asked questions we are getting from Blue Water Vietnam Veterans (as those who served in the waters offshore Vietnam are commonly called) and their survivors about the recent change in law.

1) What is this change in law and how did it come about?

Earlier this year in a case called Procopio v. Wilkie, the U.S. Court of Appeals for the Federal Circuit concluded that the Agent Orange Act of 1991 requires VA to presume that those who served in the territorial waters offshore Vietnam were exposed to Agent Orange.  The Court ruled that this presumption applies to all veterans who served within 12 nautical miles of Vietnam during the Vietnam War.   

Congress then enacted the Blue Water Navy Vietnam Veterans Act of 2019 and incorporated the Procopio decision.  The Act states that a veteran who, during active military, naval, or air service, served offshore of the Republic of Vietnam during the period of beginning on January 9, 1962, and ending on May 7, 1975, shall be presumed to have been exposed to Agent Orange. The term offshore is defined as no more than 12 nautical miles seaward of a line commencing on the southwestern demarcation line of the waters of Vietnam and Cambodia.

The full Procopio decision can be read here: http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/17-1821.Opinion.1-29-2019.pdf

The entire Blue Water Navy Vietnam Veterans Act of 2019 can be read here: https://www.congress.gov/bill/116th-congress/house-bill/299/text

2) What does this change in law mean for Blue Water Vietnam Veterans?

It means that a veteran covered by Procopio and the Blue Water Navy Vietnam Veterans Act of 2019 should become entitled to service-connected disability benefits if the veteran (1) files a claim for disability benefits with the VA and (2) suffers from one of the diseases that VA recognizes as associated with Agent Orange exposure.

3) What does this change in law mean for survivors of deceased Blue Water Vietnam Veterans?

It means that a qualifying survivor, such as a surviving spouse, of a veteran who (1) is covered by Procopio and the Blue Water Navy Vietnam Veterans Act of 2019 and (2) died from a disease that VA recognizes as associated with Agent Orange exposure, should become entitled to service-connected death compensation (known as DIC) if the survivor files a DIC claim.

4) What diseases are now recognized by the VA as associated with Agent Orange?

A full list of diseases recognized by VA as associated with Agent Orange can be found here: https://www.va.gov/disability/eligibility/hazardous-materials-exposure/agent-orange/related-diseases/

These diseases include:
• Cancer of the larynx
• Lung cancer
• Prostate cancer
• Cancer of the trachea
• Hodgkin’s disease
• Multiple myeloma
• Non-Hodgkin’s lymphoma
• Chronic lymphocytic leukemia
• Hairy cell leukemia
• Ischemic heart disease (including, but not limited to: acute, subacute and old myocardial infarction; atherosclerotic cardiovascular disease, including coronary artery disease (including coronary spasm) and coronary bypass surgery; and stable, unstable, and Prinzmetal’s angina)
• Type 2 diabetes (also known as adult-onset diabetes, non-insulin dependent diabetes mellitus, and type II diabetes mellitus)
• AL amyloidosis (also known as primary amyloidosis)
• Parkinson’s disease
• Soft tissue sarcomas
• Acute lymphoblastic leukemia, mature B-cell type
• B-cell prolymphocytic leukemia
• Precursor B lymphoblastic leukemia
• Diffuse large B-cell lymphoma
• Follicular lymphoma
• Mucosa-associated lymphatic tissue lymphoma (MALT)
• Small cell lymphocytic lymphoma
• Mantle cell lymphoma (MCL)
• Burkitt lymphoma
• Mediastinal large B-cell lymphoma
• Waldenström macroglobulinemia
• Nodal marginal zone B-cell lymphoma
• Splenic marginal zone lymphoma
• Extranodal marginal zone B-cell lymphoma
• Intravascular large B-cell lymphoma
• Primary effusion lymphoma
• Lymphomatoid granulomatosis
• Early-onset peripheral neuropathy
• Chloracne
• Porphyria cutanea tarda"

https://www.nvlsp.org/news-and-events/news-articles/nvlsps-faqs-for-blue-water-vietnam-veterans

If you are  an incountry Vietnam Vet, or Blue Water Navy vet (incountry determined by deck log  criteria in HR 299)trying to service connect a type of cancer not within this list, you will need a strong IME from an oncologist who might be able to determine if your type of cancer falls closely into the parameters of some other types of cancer are on the presumptive list and then a strong statement that there is no other etiology but for your AO exposure to have caused this type of cancer.

 

 

 

 

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Just to add, for Vietnam vets with Essential HBP- these reports use the same word " sufficient" that caused the B cell leukemias to be added to the AO regulations as presumptive, which is in the newest reports that Secretary Wilkie has.We do not know if he will add any more presumptives, but in my opinion, HBP has the strongest potential for AO SC.

 

"The Health and Medicine Division (HMD) (formally known as the Institute of Medicine) of the National Academy of Sciences, Engineering, and Medicine focused on chronic lymphocytic leukemia in its report "Veterans and Agent Orange: Update 2002" and concluded that there is sufficient evidence of an association between exposure to herbicides and chronic lymphocytic leukemia. In 2003, VA recognized chronic lymphocytic leukemia as related to exposure to Agent Orange or other herbicides during military service.

HMD concluded in its report "Veterans and Agent Orange: Update 2008" released July 24, 2009, that there is sufficient evidence of an association between exposure to Agent Orange and chronic lymphocytic leukemia, including hairy cell leukemia and other chronic B-cell leukemias. As a result, VA expanded chronic lymphocytic leukemia to include all chronic B-cell leukemias as related to exposure to Agent Orange or other herbicides during military service. VA's final regulation recognizing this association took effect on October 30, 2010."

https://www.publichealth.va.gov/exposures/agentorange/conditions/bcell-leukemia.asp

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11 hours ago, Berta said:

News Room

NVLSP’s FAQs for Blue Water Vietnam Veterans

Released 7/25/19 | Tags: Agent Orange, Class Actions, Congressional Legislation, Veteran's Benefits

"Important News:  A major change in law occurred in 2019 that should enable thousands of veterans who served on ships in the waters offshore Vietnam to obtain VA disability benefits for diseases associated with exposure to Agent Orange.  The change in law should also enable survivors of these veterans to obtain VA death compensation for deaths due to diseases associated with Agent Orange exposure.

Frequently Asked Questions (FAQs): This document provides answers to the most frequently asked questions we are getting from Blue Water Vietnam Veterans (as those who served in the waters offshore Vietnam are commonly called) and their survivors about the recent change in law.

1) What is this change in law and how did it come about?

Earlier this year in a case called Procopio v. Wilkie, the U.S. Court of Appeals for the Federal Circuit concluded that the Agent Orange Act of 1991 requires VA to presume that those who served in the territorial waters offshore Vietnam were exposed to Agent Orange.  The Court ruled that this presumption applies to all veterans who served within 12 nautical miles of Vietnam during the Vietnam War.   

Congress then enacted the Blue Water Navy Vietnam Veterans Act of 2019 and incorporated the Procopio decision.  The Act states that a veteran who, during active military, naval, or air service, served offshore of the Republic of Vietnam during the period of beginning on January 9, 1962, and ending on May 7, 1975, shall be presumed to have been exposed to Agent Orange. The term offshore is defined as no more than 12 nautical miles seaward of a line commencing on the southwestern demarcation line of the waters of Vietnam and Cambodia.

The full Procopio decision can be read here: http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/17-1821.Opinion.1-29-2019.pdf

The entire Blue Water Navy Vietnam Veterans Act of 2019 can be read here: https://www.congress.gov/bill/116th-congress/house-bill/299/text

2) What does this change in law mean for Blue Water Vietnam Veterans?

It means that a veteran covered by Procopio and the Blue Water Navy Vietnam Veterans Act of 2019 should become entitled to service-connected disability benefits if the veteran (1) files a claim for disability benefits with the VA and (2) suffers from one of the diseases that VA recognizes as associated with Agent Orange exposure.

3) What does this change in law mean for survivors of deceased Blue Water Vietnam Veterans?

It means that a qualifying survivor, such as a surviving spouse, of a veteran who (1) is covered by Procopio and the Blue Water Navy Vietnam Veterans Act of 2019 and (2) died from a disease that VA recognizes as associated with Agent Orange exposure, should become entitled to service-connected death compensation (known as DIC) if the survivor files a DIC claim.

4) What diseases are now recognized by the VA as associated with Agent Orange?

A full list of diseases recognized by VA as associated with Agent Orange can be found here: https://www.va.gov/disability/eligibility/hazardous-materials-exposure/agent-orange/related-diseases/

These diseases include:
• Cancer of the larynx
• Lung cancer
• Prostate cancer
• Cancer of the trachea
• Hodgkin’s disease
• Multiple myeloma
• Non-Hodgkin’s lymphoma
• Chronic lymphocytic leukemia
• Hairy cell leukemia
• Ischemic heart disease (including, but not limited to: acute, subacute and old myocardial infarction; atherosclerotic cardiovascular disease, including coronary artery disease (including coronary spasm) and coronary bypass surgery; and stable, unstable, and Prinzmetal’s angina)
• Type 2 diabetes (also known as adult-onset diabetes, non-insulin dependent diabetes mellitus, and type II diabetes mellitus)
• AL amyloidosis (also known as primary amyloidosis)
• Parkinson’s disease
• Soft tissue sarcomas
• Acute lymphoblastic leukemia, mature B-cell type
• B-cell prolymphocytic leukemia
• Precursor B lymphoblastic leukemia
• Diffuse large B-cell lymphoma
• Follicular lymphoma
• Mucosa-associated lymphatic tissue lymphoma (MALT)
• Small cell lymphocytic lymphoma
• Mantle cell lymphoma (MCL)
• Burkitt lymphoma
• Mediastinal large B-cell lymphoma
• Waldenström macroglobulinemia
• Nodal marginal zone B-cell lymphoma
• Splenic marginal zone lymphoma
• Extranodal marginal zone B-cell lymphoma
• Intravascular large B-cell lymphoma
• Primary effusion lymphoma
• Lymphomatoid granulomatosis
• Early-onset peripheral neuropathy
• Chloracne
• Porphyria cutanea tarda"

https://www.nvlsp.org/news-and-events/news-articles/nvlsps-faqs-for-blue-water-vietnam-veterans

If you are  an incountry Vietnam Vet, or Blue Water Navy vet (incountry determined by deck log  criteria in HR 299)trying to service connect a type of cancer not within this list, you will need a strong IME from an oncologist who might be able to determine if your type of cancer falls closely into the parameters of some other types of cancer are on the presumptive list and then a strong statement that there is no other etiology but for your AO exposure to have caused this type of cancer.

 

 

 

 

 

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Berta....what I mean by and/or small cell lung cancer.....To begin with they thought the tumor in the lung was small cell lung cancer....because they were looking for primary tumor.  Thank you for all your help

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Thank you so much for this information! I am a future healthcare practitioner in the AHEC Rural Scholars program, currently learning about veterans' affairs. I had some information about the widespread effects of Agent Orange, having lost a close family member to cancer caused by AO. However, I had no idea about most cancers and diseases aside from prostate cancer. I would love to know if you have any updated information about this or any personal testimonials that you would like future healthcare workers to know about. Thank you!

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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)
        • Thanks
      • 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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