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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
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Prominent facet arthrosis of lower lumbar spine, Mild spondylosis of lumbar spine, opens new door.
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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-
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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.
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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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Tbird, -
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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. -
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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!-
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Seekz, -
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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, -
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ToxicSgt73 7
Prominent facet arthrosis of lower lumbar spine, Mild spondylosis of lumbar spine, opens new door. I thought my claim was overwhelming before this.
I had a catscan for abdominal issues: The above (plus other things) is on the Lab Report Radiologist report, but the Blue Button Notes, omit the part about the spine?
I have waited 7 days plus since catscan and no followup from PC, although, the notes are flagged: Significant Abnormarlity: Atten Needed
and the notes go into detail about handoff to PC doc, and his signature is there, taking the handoff, but no contact.
I have talked to Patient Advocate before, actually just before I left the house to go get the emergency room, where they ordered the catscan (but asked me on the way out: do you want the good news or the good news? to which I replied, shoot me with all of it. Which I was told everything was fine, get with my PC later.
Now to the question:
I have thought and so have doctors that I had parethesia (cop out diagnosis) or PN, but EMG would be normal. But I have Radiculopathy sypmtoms, in my STR's that are still with me today, that line up with my spine problem, and I have an incident where I broke an antenna that ran under the centerline of a F106, by striking it with my back as I working under the aircraft, that I Red X'd for flight....after I was able to stand up. I sucked it up.
And my knees are arthritic, I did pound the pavement more than anyone else around me in combat boots, often dehydrated, sometimes on speed (per flight surgeon) plenty of forced dehydration, in sauna and steam and running.
I know alot of you have back problems (spine) I thought I didn't, when I look at those scans, I know better now. Now I know why I bend or break every driver seat in my new vehicles. First one was a Datsun/Nissan sentra, bent two seats in same manner, in the first two months. It took me a few years to break the weld in my 2500HD GMC Sierra, on the right hand side to match my old Nissan.
Probably my ankles are that way too. I don't have an image, yet....I did turn it a few years ago and it doubled in size.
So, I am camping out at the VAMC morning morning, I am done with the CBOC. I have the form filled out already to change PC, I already spoke to the Patient Advocate a week ago, he said no problem but have to wait in line. I don't like lines, especially when I am hurting.
Any tips? Ideas? Something I am missing?
Patient Advocate? Another office? ER again?
I know I need to go the the Records office in the VAMC to get the 'real' records, if I can actually get them anywhere from the VA.
Then:
What should I do to find out what's up with my spine? Both for my health and for a claim? First for my health?
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I noticed something odd on ebenefits blue button. It takes them forever to post labs and scans. However, they usually wind up in my progress notes about three to four business days later. That would b
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