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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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  • Most Common VA Disabilities Claimed for Compensation:   

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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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    • This is the latest Compensation & Pension (C&P) Clinicians Guide dated 20180719. The only other one I've seen is dated 2002, including the one on this website and the VA website. I got this from my claims agent, who got it from the VA.

      VA Compensation & Pension (C&P) Clinicians Guide 2 Final Corrected 20180719.pdf
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    • I don’t say thank you enough to all of you...
      You, yes you, are the reason HadIt.com has remained a resource-rich resource. Thousands come each month to read, ask questions, or to feel a sense of community.

      Last month June 2020, we over 50k visitors they viewed over 160k pages. Veterans and their advocates, spouses, children, and friends of veterans come looking for answers. Because we have posts dating back 15 years and articles on the home page, they usually can find an answer or at least get pointed in the right direction.

      You all made that possible. Thank you.
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    • VA has a special where we can ask questions TODAY, at 3:00 to "people that matter?"  Someone should ask why we can not ask them questions EVERY day, why today only? (This is a big problem with VA..the 800 number often does not give specific answers).  We should have people in VA who "solve Vets problems" like Allison Hickey did a few years ago. 
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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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LightningFan75

Need advice on the best way to approach an appeal for effective dates

Question

I figured I'd start a new post since my original post in MST is a little old an now off topic since i was approved!!!

Merry Christmas Everyone!!!  and Happy Holidays for those who don't celebrate!!!

 

I had a Christmas miracle happen!  I logged into EB on the 26th and my rating went from 70% to 90%!!! They approved my PTSD at 70% and my shoulder that I've been fighting since forever at 20%. 

Now the bad news...the effective date of my PTSD was 12/13/2019 even though I submitted my supplemental on 6/13 and have been claiming mental health issues since 2017.  Also I first claimed my shoulder in 2017 and they denied my claim without a C&P exam even though I had a report of 2 accidents in my MR.

Can I appeal the date of my shoulder since I was never given a C&P and had to gather the evidence on my own? And can I appeal the date of my PTSD since the C&P exams I had from the beginning reported my statements in error?  The doctor from the very last exam I had (on the date of the rating 12/13) was wonderful and took the time to go through my past exams and listen to me very careful and set the record straight correcting all of the false statements the previous doctors made, and gave her own opinion based on our discussion coupled with the letter from my current VA MST therapist.  

See my very first claim of PTSD from 2017 has been in deferment until just a few days ago so technically shouldn't it be still be considered open?  So shouldn't I be able to request a back date all the way to the date of that first claim?

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Sderoy:

   Please start a new post, you will get more and better answers that way.  Since you are new, I will answer just this one time, but use a new post for your questions in the future.

     Correct.  Until or unless the discharge is upgraded, you wont be gettinng compensation for benefits.  I suggest you try to upgrade the discharge right away.  READ this link, below, they have liberalized PTSD Vets discharge upgrade process. 

https://themilitarywallet.com/ptsd-discharge-upgrade/

Edited by broncovet

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I agree with Broncovet that you need to post this as new topic- and also he is correct with that link.

This site also has excellent information.

https://www.dav.org/learn-more/news/2019/veterans-report-being-turned-away-from-va-health-care/

We have had a few OTH vets here over the years who succeeded in getting a better discharge.

Two did because they had a prior Honorable period of service, than re enlisted on got Bad Paper.

This site too has good info:

https://www.swords-to-plowshares.org/guides/va-character-of-service-determination-an-alternative-to-discharge-review/

You stated " but was denied benefits and has been repeatedly due to his OTH. "

That means then VA has already made  a Character of Discharge determination and denied his claim on that basis.

Has he appealed their decision with a timely NOD and I-9 Appeal?

Many vets do not succeed on these issues:

https://www.va.gov/vetapp19/files7/19156046.txt

This veteran did get an upgraded Character of service:

https://www.va.gov/vetapp19/files5/19138449.txt

The veteran you are helping needs to make sure he can prove whatever stressor info he has given the VA already. I feel he should seek a VSO or vet rep. 

He will surely need new and relevant evidence to re -open his claim.

 

 

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Thanks for everyone's input.  My initial claim was in the beginning of 2017.  From what I can tell, they placed the claim in a deferred status immediately and then sent me to my first farce of a C&P MH exam.  Unfortunately it wasn't until the beginning of last year that my husband finally convinced me to see a therapist.  He couldn't take seeing me go through the outbursts and panic attacks anymore (kills him that he can't help).  So I've definitely been in therapy longer than 12/13 and have numerous people who can write statements showing PTSD symptoms dating back to 2014.

But I digress....since the deferment I did enter new evidence and opened a supplemental claim which is what recently was closed along with the claim that was deferred, I guess since they were both PTSD.

As far as the shoulder claim, it took 18 months to get all the evidence I needed to reopen the claim so I don't know if I can appeal for an earlier date since it's past the one year mark.

 

I'm just a little anxious...my husband and I made so many mistakes with my PTSD claim that I feel drew it out longer than it should have...I don't want to make the same mistakes again and would like to use the best appeal process on the new system.

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  • Our picks

    • This is the latest Compensation & Pension (C&P) Clinicians Guide dated 20180719. The only other one I've seen is dated 2002, including the one on this website and the VA website. I got this from my claims agent, who got it from the VA.

      VA Compensation & Pension (C&P) Clinicians Guide 2 Final Corrected 20180719.pdf
      • 5 replies
    • I don’t say thank you enough to all of you...
      You, yes you, are the reason HadIt.com has remained a resource-rich resource. Thousands come each month to read, ask questions, or to feel a sense of community.

      Last month June 2020, we over 50k visitors they viewed over 160k pages. Veterans and their advocates, spouses, children, and friends of veterans come looking for answers. Because we have posts dating back 15 years and articles on the home page, they usually can find an answer or at least get pointed in the right direction.

      You all made that possible. Thank you.
        • Like
      • 3 replies
    • Help HadIt.com stay online buy a subscription
      If you can afford it and want to help hadit.com consider buying a subscription this gives you as free viewing of the site and allows me to budget in subscription payments.
       

      You can try it for 1 month for $5 or get a monthly subscription or a yearly subscription.

      Subscribe here https://community.hadit.com/subscriptions/
      • 1 reply
    • VA has a special where we can ask questions TODAY, at 3:00 to "people that matter?"  Someone should ask why we can not ask them questions EVERY day, why today only? (This is a big problem with VA..the 800 number often does not give specific answers).  We should have people in VA who "solve Vets problems" like Allison Hickey did a few years ago. 
        • Like
      • 8 replies
    • 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)
        • Like
      • 9 replies
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