Jump to content

Announcements



  • veteranscrisisline-badge-chat-1.gif

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    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 ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    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

  • Ads

  • Our picks

    • 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
  • Advertisemnt

  • 0
Sign in to follow this  
Miken2c74

Supplemental in AMA Timeline

Question

Original claim opened in Nov 2013 (Legacy)

Claimed Denied Dec 2014 (Legacy)

Submitted NOD in Jun 2015 (Legacy)

Opted into RAMP July 2018

Denied Ramp May 2019

Supplemental Claim open June 2019 ( In decision phase now per VA)

 

Flat feet (aggrivated due to ) From original claim date ( new DBQ, Medical opinion, Nexus, lay statement) On supplemental claim

Knee condition from original claim date  also supplemental claim (New DBQ, Medical opinion, Nexus , Lay statement) on supplemental claim

Back condition from original claim date rated 20%

Fibro Denied

Hip condition denied

I am waiting to see how this comes out (nerve racking)

Share this post


Link to post
Share on other sites

Recommended Posts

  • 0

How is the VA claim exam or C&P exam scheduled? A VA medical center or a VA partner is responsible for contacting you about scheduling a claim exam. They may either mail you a letter with the date and time of your appointment(s) and/or call you to find a time that fits with your schedule. If you are receiving treatment at a VA medical center, make sure they have your current address, phone number and email information. The wrong information could cause your appointment letter to be delayed and not reach you in time. It is a good idea to call and confirm the exam time(s) and locations to make sure you and VA or the VA partner have the correct appointment information. Use the phone number on your appointment letter or if you were called, use the phone number left by VA or the VA partner. If you don’t show up to your exam, you may have a longer wait to get your exam rescheduled; it could delay your claim; and/or your claim could be rated “as-is” (using only the information in your file). Q: The date and/or time of my C&P exam doesn’t work for me. Can I reschedule my exam? If your scheduled exam date or time does not work with some other life event, immediately call the number provided and try to reschedule. Unless it is an emergency situation, try not to reschedule the exam the day before or on the day of the exam. Not responding to a phone or letter request for scheduling an exam or missing the exam could cause VA to delay its decision on your claim. Not showing up to your exam takes up an appointment time another Veteran could have used, and also could cause your claim to be rated “as-is” based only on the information in your application. Most facilities try to meet your requests (if possible) if you have a good reason for rescheduling your time and you give enough notice.

 

Question 1. VA is releasing my file to VES under HIPAA, Tracking ? But why is VES releasing that same information to someone who's not under HIPAA. I am in Germany, every C&P I have been to has been by a German national citizen with a German tax number, GERMAN !!!. They are sending that information unencrypted, that is a NOGO. 

When you agreed to the C&P  THIS IS AUTOMATIC for the VA to send your c-file to the CONTRACTED OUT CONTRACTOR who they select to perform the C&P Exam,  in this case it's VES,

They read your c-file or what records the VA sends them in order to make an evaluation on what your claiming  its called evidence  without it  you will be 100% denied.

I once had a C&P  Exam at my VAMC ENT Clinic  the  VA  Dr   (EXAMINER)went up to the C&P OFFICE and got my complete C-File  he even took it home to read and study it,  he did break the rules when he took it out the VAMC Doors, it was not suppose to leave this building what so ever,  but anyway he had it the next day at the clinic .  

REASON I KNOW THIS VA EXAMINER TOOK MY COMPLETE C-FILE HOME? HE TOLD ME HE DID TO MY FACE...BUT BACK THEN OUR C-FILE WAS NOT ON CD . so this DR had the records the VA sent from the R.O.  So it actually was not my complete C-File  if it was he would have had about 6 or 7  12''x12;; boxes full of papers on his desk,,,so he had  the records needed to make an evaluation on my claim  which was the pertains records the  VA Sent to the C&P Office at my VAMC

but anyway he had these records the next day at the clinic .  This C&P Exam was inadequate and I requested a hearing at my R.O. by a DRO Officer and a hearing rating specialist.  which  ended up  favorable for me.

Because this exam caused my R.O. TO send a reduction PROPOSAL to my benefits  caused from what this examiner mention in his report, I never NOD this  because a decision was not made  just yet.

on the report this examiner made  they (VA RO) gave me a choice sent by letter to inform me as to what this examiner mention in his report and the proposal to reduce,,so I choose the DRO Hearing at my R.O.

This was a hearing to solve the INADEQUACY  EXAM with this C&P Examiner & The proposed reduction by the VA, so I was not denied on this C&P

The reason what prompt me to request the DRO Hearing .

I WAS INCREASED TO TDIU P&T NO REDUCTION TOOK PLACE  I WAS 50% AT THE TIME.

AFTER PRESENTING MY EVIDENCE AND FROM WHAT THE DRO AND RATING SPECIALIST PRESENT  MY HEARING  THEY GAVE ME 10% FOR THE TINNITUS I BEEN TELLING THE VA AUDIOLOGIST ABOUT FOR YEARS  AND A 30 %INCREASE ON MY PROFOUND HEARING LOSS.

   This made me 90% combined  because I had a hard time finding a job and could not do the work I was trained to do  even though I had been in Voc=Rehab I had a letter from the Voc=Rehab counselor stating as such and along with all my other concrete evidence  they based their decision on all my evidence.

Some will say they never had  good results at a DRO Hearing  but if you have the evidence  you will have good results  this is what its all about (EVIDENCE)

Share this post


Link to post
Share on other sites
  • 0

GB Army

I believe the veteran can take his evidence that pertains to his C&P Exam.

  It needs to be evidence the veteran has already submitted but in case the examiner don't have this evidence (if the VA never sent it to the examiner) the Veteran can produce it at his C&P Exam.

  This is why its a good Ideal for a veteran to be sure and bring his probative evidence to the C&P Exam with him or evidence that pertains to his claim,   in case the examiner don't have it  but this evidence needs to be documented (on file with the VA) 

* If a veteran feels the examiner is not using his evidence during the exam and the exam seems to be going south,  this is the time the Veteran needs to speak up for him self and let the examiner Know he has this evidence with him  and would like to present it to him at this time.

and have the evidence in a folder organized and ready to flip out in case.  with the main parts of the evidence high-lighted in color  that is crucial to his claim.

Share this post


Link to post
Share on other sites
  • 0
On 5/31/2020 at 12:54 PM, pacmanx1 said:

You only asked GBArmy  for his opinion but I will add my two cents. I think you are still missing the point. This is not burger king where you can have it your way. The thing is most likely VES and this C & P examiner are under contract with VA.  VA does the exact same thing to veterans stateside as to, if a veteran has a contract C & P exam, the veteran must request a copy of the C & P exam from VA not the C & P examiner. Your C-File is not being transferred/shipped to the C & P examiner, just pertinent medical records which most likely is part of the VA Medical Records System which no veteran has access to. You/we veterans do not even have the software for VA to give us access to our records, so why would VA just send them to you. It is not a simple Email.  Always keep in mind that VA, doesn't trust veterans.  Unfortunately everyone is not honest and documents could be added or omitted if VA did send veterans their C-File to take to C & P examiners. You must remember that this is VA's game and you have to play by their rules or VA could either deny your claim or as was already mentioned, schedule you to a stateside C & P Examination.  

No I was not just asking @GBArmy, I only use him because he usually answers specifically and @pacmanx1 you are ruthless 😅😅

Share this post


Link to post
Share on other sites
  • 0
Posted (edited)
1 hour ago, Miken2c74 said:

No I was not just asking @GBArmy, I only use him because he usually answers specifically and @pacmanx1 you are ruthless

Just trying to call it straight and plain, did not try to be mean. Basically wanted you to know that this is typical/normal for VA to do this whether a veteran is stateside or not.😈😈

Edited by pacmanx1

Share this post


Link to post
Share on other sites
  • 0

I know brother, I respect that. I am pretty brutally honest when pushed also.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this  

  • Similar Content

    • By Miken2c74
      Check this out lease and tell me what u think
       
      Michael A Hunter letter.docx Michael A Hunter letter.docx
    • By Miken2c74
      I have a question and I hope someone chimes in. After talking with DAV yesterday something rung in my ear and I chewed on it for a while actually it kept me up last night (which leads me to this question). The VSO stated that VA gave more probative weight to evidence received from one doctor's office (American Medical Center not a VARO or  government entity) over another because the one in question had access to my C_File and Virtual (VA Records). I know this to be a clear error because this doctor's office is a German doctor's office with English speaking receptionist and doctors, and pay local German taxes. The doctor's office is in business to cater to Americans living and working overseas in Germany and they process the German bills through the patients health insurance not VA. They do not have access to Veterans c-file (sometimes not even then) unless they have a VA initiated C&P exam. I have been to this doctor's office and the service is so lala, I used the medical files(with my personal STRs) from this office in my evidence when I went to the Orthopedic Surgeon and ask her if it was possible for her to perform a thorough exam of my feet and knees. So I believe that this was error in assumption because the name of the doctor's office rendered a out for a possible denial. Is this grounds for a CUE, I am really interested in you guys thoughts.
  • Ads

  • Our picks

    • 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
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines