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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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      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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jdelta

C&P this weekend, nervous and don't know what to expect

Question

Like the title says, i go to have an exam for fibro, gerd, and eczyma. Now the last one is a toss up, and the gerd maybe too i don't know. A doctor outside the VA diagnosed me with fibro a few years back. He was an idiot though so i don't know if it was documented(probably, but i also have 30 percent for p.s.t.d. so i'm probably being paranoid). Then again this doctor told me it was my weight blah blah blah. I told him multiple times that a few years prior i was going to the gym alot and the pain has become worse as i age amking it harder to be as active. I try to eat good(chicken and rice, oatmeal) most of the times but we are human. So back to the exam, i have only had one for the p.t.s.d. I was in Iraq day one of the war(March 2003). I was around burn pits and was exposed to the aftermaths of exploded tanks and buildings(hell some we even enter to make sure nobody was hiding or any wmd. I'm registered for the burn pits. I just don't know what to expect, will it be questions, will it be a physical? It's an outside contractor, so i'm hoping less va bias. I'm also too the point of drowning in debt. It's trigger my p.t.s.d. to the point my wife can't even sleep due to my nightmares and waking up with night terrors. I have become much angrier and lashing out. Not physically though, but i don't know what state i'll be in if i get another denial(btw with what i mentioned, i have a bva for freaking tinnitus even though i have stated where i have been. I was also a cavalry scout in the army so i was trained for combat. I have lay statements from a battle buddy, mom, wife, ex and a friend. I just need to know what to expect or what else i need to do to have a shot at an approval? I'm also filed for apnea, va diagnosed me and i have a cpap. Never had a chance to have any of this documented in service due to being told to man up. 

Edited by jdelta

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RIGHT,

Don't worry about the lay statements not being notarized,   you don't have time  now.

  I wish we would have mention this to you in time  but your IMO will be or should be enough , you can still submit your lay statements ...but with your evidence and opinions from these Dr's  that should get you a rating or increase  and maybe more than you may think.

.just do your exam and after its over ask the examiner how you can get a copy of it  for you?...he may say he has to finish his report and email it back to the VA  and after the VA receives  it wait about 3 days and go to   release of medical records office and ask for a copy of this C&P Exam.

   if this is a outside provider like QTC he might give you a Fax # to request a copy....they should send it to you  but here recently a outside provider don't make copy's on our C&P Report  but don't hurt to ask before you leave the exam.

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5 minutes ago, Buck52 said:

RIGHT,

Don't worry about the lay statements not being notarized,   you don't have time  now.

  I wish we would have mention this to you in time  but your IMO will be or should be enough , you can still submit your lay statements ...but with your evidence and opinions from these Dr's  that should get you a rating or increase  and maybe more than you may think.

.just do your exam and after its over ask the examiner how you can get a copy of it  for you?...he may say he has to finish his report and email it back to the VA  and after the VA receives  it wait about 3 days and go to   release of medical records office and ask for a copy of this C&P Exam.

   if this is a outside provider like QTC he might give you a Fax # to request a copy....they should send it to you  but here recently a outside provider don't make copy's on our C&P Report  but don't hurt to ask before you leave the exam.

Awesome, should is the imo when i talk to them or is it something i should write out?

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Well your IMO should be included as your evidence on record...this examiner should have this...you can list these conditions your having   but its better to come from a qualified Doc...we are not Dr's  so this would be only your speculation on your symptoms. 

If you take this list to your exam  only mention some of them if the Dr don't address it during your exam  just let him know your not a Dr but you have a hard time remembering and you wrote out a list of your conditions and symptoms  and show him your list   do not read this list to the examiner  just hand it to him/her...if you read this list were not qualified to state such medical jargon...it will be considered  medical speculation from the veteran.  and probably tossed out  let your IMO's DBQ's show your conditions and symptoms.

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2 minutes ago, Buck52 said:

Well your IMO should be included as your evidence on record...this examiner should have this...you can list these conditions your having   but its better to come from a qualified Doc...we are not Dr's  so this would be only your speculation on your symptoms. 

If you take this list to your exam  only mention some of them if the Dr don't address it during your exam  just let him know your not a Dr but you have a hard time remembering and you wrote out a list of your conditions and symptoms  and show him your list   do not read this list to the examiner  just hand it to him/her...if you read this list were not qualified to state such medical jargon...it will be considered  medical speculation from the veteran.  and probably tossed out  let your IMO's DBQ's show your conditions and symptoms.

I will for sure on handing her the list, that's a daily list for me, not including all the ptsd crap i go through. 

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You should be fine  the advise and information from the other members like GB Army ,Ocean and Vetquest  you should be fine.

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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"



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      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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    • 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.

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      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’.


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      Post clear questions and then give background info on them.

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      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?



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      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.

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