Jump to content


  • veteranscrisisline-badge-chat-1.gif

  • Fund HadIt.com

    146%
    $2,203.00 of $1,500.00 Donate Now
  • 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
     
  • 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

  • 0

Fighting past 100% for P&T?


Go to solution Solved by broncovet,

Question

I'm currently rated 100%. However, I am not P&T. I was wondering if it made sense to seek increases in some of my conditions to see if that would cause my rating to turn P&T or to wait it out a few more years?

I recently had my 2 year evaluation and the only thing they checked was my back condition and my rating (40%) was maintained.

Do note that I am confident in my 100% rating and would not be worried about it being reduced.

Link to post
Share on other sites
  • Answers 6
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

Popular Posts

You don’t need an increase to be p/t, just that your conditions Are not likely to improve. Duration of your disability and the results of your periodic evaluations will contribute to this.

Recommended Posts

  • 1
  • Moderator
  • Solution

I would have to know more to advise you.  

1.  How long have you been rated?  What is your age? If you are young, chances are better you can heal.  

2.  Do you have evidence that your condition is permanent?  

     If you are over 50, you have been rated 5 years, and you have evidence that your condition is permanent, by all means go for it.  

     However, if you are 25, you got rated six months ago, and there is no evidence that its permanent, not so much.  

Link to post
Share on other sites

  • 1
  • HadIt.com Elder

You don’t need an increase to be p/t, just that your conditions Are not likely to improve. Duration of your disability and the results of your periodic evaluations will contribute to this.

  • Like 1
Link to post
Share on other sites
  • 1
  • Moderator

Contrary to popular belief, VA benefits do NOT max out at 100 percent.  The link below shows the max of about 9000 per month with SMC.  

Disability of "eyes" is one of those on the SMC list, which would entitle you to additional compensation.  Of course, I dont know how severe your issues are.  

https://www.benefits.va.gov/COMPENSATION/resources_comp02.asp

Alex explains the compensation above 100 percent (SMC) here:

https://asknod.org/tag/va-smc-mr-potatohead/

Link to post
Share on other sites
  • 0
4 hours ago, broncovet said:

I would have to know more to advise you.  

1.  How long have you been rated?  What is your age? If you are young, chances are better you can heal.  

2.  Do you have evidence that your condition is permanent?  

     If you are over 50, you have been rated 5 years, and you have evidence that your condition is permanent, by all means go for it.  

     However, if you are 25, you got rated six months ago, and there is no evidence that its permanent, not so much.  

  1. Been rated for 2 years for most of my conditions. Recently got two conditions that were previously denied service connected. Mid 30s.
  2. My conditions have remain static at least in my eyes for the past decade.

Thanks. You did help me understand the idea of permanent. So me getting increases really wouldn't matter unless those increases were to show that my conditions had become permanent.

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.

  • Ads

  • Ads

  • Ads

  • Our picks

    • 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
      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
        • Like
      • 53 replies
    • Post in New BVA Grants
      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 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!
        • Like
      • 13 replies
    • 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,
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines