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  • 14 Questions about VA Disability Compensation Benefits Claims

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    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 ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    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

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THeDI51

Re - evaluation

Question

I have been service connected since 2012. If the VA wanted to reevaluate my ratings, can they go back to 2012 or is there a cutoff of how many years they can go back?

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They wont try to get back the money from 2012 to present UNLESS

A.  You committed Fraud.   OR

B.  There was "clear error".  "Clear error" would be something like if the VA paid you benefits and you had a bad discharge, or never were in the military service!  

      If the VA was "generous" on the 2012 rating, lets say your condition wasnt real bad and had few symptoms and they awarded 80 percent, then they probably can not take that back.    They could, however, reduce you in the future, if you "actually improved".   

      Example:   I got married in  2006.  I reported it to VA and explained my "household" income went up as I was married to a nurse and I was "probably no longer eligible for NSC pension" because of household income limits.  

     The VA kept paying me pension for at least 18 months.  I got the money and spent it.   Then maybe 20 months later, they sent me a letter, saying they overpaid me 6000 dollars because I wasnt eligible for pension because my household income was over the limit for pension.  (Duh).   

      I appealed the overage, explaining it was not my fault the VA took almost 2 years to process this, AND, further, I explained how it would be a financial hardship to me.   I also explained that I did not have access to wifey's money or income..that was hers and not mine.  

       I was forgiven the 6000 overpayment (I won the appeal, and they cited my reasons, above).  It was fast and only took about 60 days.  

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Gotcha. Not worried on the money part. I am wondering if I have been at 90% since 2012. Can they go back and reevaluate my percentage and possibly lower my rating in the future. If I have had a rating % for 7 years can it be lowered in the future?

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1 hour ago, broncovet said:

They wont try to get back the money from 2012 to present UNLESS

A.  You committed Fraud.   OR

B.  There was "clear error".  "Clear error" would be something like if the VA paid you benefits and you had a bad discharge, or never were in the military service!  

      If the VA was "generous" on the 2012 rating, lets say your condition wasnt real bad and had few symptoms and they awarded 80 percent, then they probably can not take that back.    They could, however, reduce you in the future, if you "actually improved".   

      Example:   I got married in  2006.  I reported it to VA and explained my "household" income went up as I was married to a nurse and I was "probably no longer eligible for NSC pension" because of household income limits.  

     The VA kept paying me pension for at least 18 months.  I got the money and spent it.   Then maybe 20 months later, they sent me a letter, saying they overpaid me 6000 dollars because I wasnt eligible for pension because my household income was over the limit for pension.  (Duh).   

      I appealed the overage, explaining it was not my fault the VA took almost 2 years to process this, AND, further, I explained how it would be a financial hardship to me.   I also explained that I did not have access to wifey's money or income..that was hers and not mine.  

       I was forgiven the 6000 overpayment (I won the appeal, and they cited my reasons, above).  It was fast and only took about 60 days.  

Wow! Nice catch. My son was getting DEA at school and they kept paying me for him being in the house. I told them like, 4 times. I need to call them and find out how much longer they are going to keep having me pay that.

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