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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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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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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
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Berta 3,748
It is a frustrating issue because the VA is going through past denials of thousands of BWN claims that hold a AO presumptive listed as NSC, whose ship was within the 12 mile limit ( HR 299) and the deck logs are being sent from NARA to the VA, as I understand this.
But this case and many ( thousands just like it ), is why:
The veteran claimed DMII due to AO exposure:
The veteran had active service from April 1971 to February
1973.
“FINDINGS OF FACT
1. The veteran's service on the U.S.S. Tolovana (AO-64) off
the shore of the Republic of Vietnam did not involve actual
duty or visitation in the Republic of Vietnam.
2. The veteran's Type II diabetes mellitus was not manifested
during the veteran's active military service or within one
year after service, and is not otherwise related to such
service.
3. The record contains no competent evidence indicating that
the veteran's Type II diabetes mellitus is causally related
to his active service or any incident therein, to include any
exposure to Agent Orange or other chemicals.”
ORDER
Service connection for Type II diabetes mellitus associated
with herbicide exposure is denied.
https://www.va.gov/vetapp05/files2/0509767.txt
This case is exactly what the VA is seeking- If the veteran ( whose period of service might support )that it was after May 1971, when he was on the USS Tolovana , he should be receiving a letter from VA soon, advising him of what info the VA needs. He has an AO presumptive.Hopefully the deck logs he needs is in the hands of the VA already.
The USS Tolvana is on the October VA AO ship's list- page 26 of 40 , crew went ashore Phu Quoc, Vietnam May 1971.
Also there has been an incredible push from Vet orgs and others to get the 3 presumptives former Secretary Shulkin wanted, on the presumptive list.
And since the 2018 NAS report on AO found a "sufficient" association of hypertension to AO exposure, that is another factor Secretary Wilkie will consider. ( I hope he does)
I have had responses from past VA Secretarys, most every time I wrote to them, but so far Secretary Wilkie has not responded to my letter regarding not only AO HBP, but also if a veteran has been documented with SC ischemic heart disease that was awarded due to his exposure to AO in Vietnam ( or 12 mile limit) and the veteran has had an ischemic stroke, after the IHD diagnosis, the stroke should be service connected due to his exposure to AO in Vietnam ( or 12 mile limit criteria per HR 299). His office sent a copy of my letter to my VARO. It seems they held back one of my CUEs due to the letter, but I sent both CUEs to Janesville anyhow.
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