-
Become a Patron of HadIt.com. If you appreciate what we are doing and can afford a monthly commitment, this is a great way to support us
-
Fund HadIt.com Veteran to Veteran LLC
HadIt.com Veteran to Veteran Fundraiser
Revenues are down, costs are up and I need your help.
Financial gifts are always appreciated but never required. If HadIt.com has helped you and you can give back a little it is appreciated Give here https://community.hadit.com/donate/make-donation/
Give a financial gift to help with the upkeep of HadIt.com. HadIt.com is NOT a non profit. Gifts are not tax deductible, they are just gifts.
-
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
- 0
Is Intent to File useless?
-
Ads
-
Ads
-
Ads
-
Our picks
-
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
-
-
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.
------
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)-
-
- 41 replies
Picked By
Tbird, -
-
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. -
-
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!-
- 13 replies
Picked By
Seekz, -
-
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, -
-
-
Ads
-
Popular Contributors
-
Ad
-
Latest News
Question
x020574 1
Last week I spoke with my VSO about filing a direct claim for Acquired Hemolytic Anemia and my Hem/Onc doctor agreed to stating my exposure to toxic chemicals, primarily Benzene among others, was just as likely as not to have contributed to my PNH. I explained my doctor would be out of country for a week and that he would complete the DBQ and provide a rational explanation once he returns. The VSO stated, he would take care of filing a claim and doctors DBQ would be submitted once received.
A few days later I get a correspondence from my VSO telling me an Intent to File form 21-0966 was submitted on my behalf, I checked VA.gov and see an intent to file for 7723, for Compensation (and an entry for Pension???) under review. Exactly one week later it shows as closed on eBenes and a package is sent. When I checked my disability list, 7723 appears but says Not Service Connected. Well of course the examiner would say that, they hadn’t received ANY supporting documentation supporting the claim yet. I had asked the VSO if I needed to upload a form 21-526 before the claim closed and he told me no, sit tight??? This doesn’t make sense, why file a 21-0966 if they are going to closed it within a week if they don’t yet have info to support it?... why not file a 256 and have 90 days to get you stuff together?
Then I see this on the Veterans Law Blog: Do Everything in Your Power to NEVER use VA Form 21-0966, apparently preserving your date is a joke, could have preserved the date with a 21-256 just as well, and it wouldn’t have been closed so quickly! Very disappointing!
They make a valid point and make me wonder is who side is my VSO on? I’ll wait and see what the package says, but if I don’t feel comfortable with how the VSO handle this (and the service .org is one of the big ones) what should I do now? File a 526 with supporting docs, file a notice of disagreement...I don’t want to screw this up any worse than it is.
Thanks for listening and any advise given.
Link to post
Share on other sites
Top Posters For This Question
5
3
3
3
Popular Days
Aug 31
11
Sep 1
9
Top Posters For This Question
Buck52 5 posts
GBArmy 3 posts
paulstrgn 3 posts
GeekySquid 3 posts
Popular Days
Aug 31 2019
11 posts
Sep 1 2019
9 posts
Popular Posts
GBArmy
Buck and Paul My ebenies also shows Active Intent to file, date received, expiration date, and status=active, and source = online. Since I just did this 2 weeks ago, it has to be still a good and
vetquest
GBArmy, you would be kicked off of one site I know for such heresy. 🤬
GBArmy
Well, Vetquest, I guess I don't wanna be on that site then!
19 answers to this question
Recommended Posts
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.