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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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    • https://community.hadit.com/searching-for-va-claims-information-on-hadit.com/

       

      Your question has probably been asked before so the fastest way to find the information you need is to search for it.
      • 3 replies
    • How to get your questions answered...


      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.


      Leading to:

      Post clear questions and then give background info on them.

      Examples:

      A. I was previously denied for apnea – Should I refile a claim?


      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?



      B. I may have PTSD- how can I be sure?

      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?



      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

      Note:

      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
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RBrogen

CUE Update

Question

I wanted to send out an update on my CUE claim.  As I suspected from the process and response, I received a denial decision letter today.  They denial almost verbatim regurgitated the same statements from the original denial in 1999.  It's like the reviewer simply read the original denial, retyped it and said too bad without addressing the issue of probative values and presumption of sound condition.  My question is for next step, should I go through the process of Higher Level Review to see what they say before going to the Board of Appeals to exhaust every option before hand.  Any thoughts would be greatly appreciated.

Best,
Randy

Edited by RBrogen

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I figured you delivered a pretty solid set of arguments. It makes me wonder if they took your arguments and considered them new evidence, thus disregarding it. But since they just regurgitated the original denial, I don't expect them to tell you if they disregarded your submission either. Keep in mind the CUE laws require the veteran to be very specific in telling them the error.

I agree with @GBArmy, at least with HLR you would get an answer much faster. Every time I went to the BVA, it took years. Months or less than a year sounds a lot better than years.

Anyone have any idea if you can request a "de nobo" HLR for a CUE? That's when you get a fresh set of eyes to look at it. I did that with a DRO (which took years) and won. The DRO said the people who looked at my appeal previously made a series of stupid decisions. That might be worth looking up in M21-1.

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1 minute ago, Vync said:

I figured you delivered a pretty solid set of arguments. It makes me wonder if they took your arguments and considered them new evidence, thus disregarding it. But since they just regurgitated the original denial, I don't expect them to tell you if they disregarded your submission either. Keep in mind the CUE laws require the veteran to be very specific in telling them the error.

Yes I spelled out the errors, provided supporting evidence and logic.  They even eluded to the fact in the "Positive Findings" that I am currently service connected for those conditions.

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1 hour ago, RBrogen said:

Yes I spelled out the errors, provided supporting evidence and logic.  They even eluded to the fact in the "Positive Findings" that I am currently service connected for those conditions.

Hmm... It stinks when the VA is supposed to do their job but roll out the red tape instead.

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6 minutes ago, Vync said:

Hmm... It stinks when the VA is supposed to do their job but roll out the red tape instead.

Crazy thing is in the original denial decision letter Oct 4, 1999, they denied me for a pre-existing condition (unsubstantiated and without any medical evidence to show it).  This new decision stated "After reviewing records, there is no evidence on the enlistment exam of a prior left knee injury, we we conclude the left knee was considered stable on entry into the service." 

Basically they said in their own words, the previous decision denied you because you had a pre-existing condition, but we found that it didn't exist, but we are going to deny you anyway .... WTF.

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Whoa... Now that's just nuts. It sounds like yet another potentially obvious error made by the VA.

Pre-existing conditions are not automatic denials. I am SC for a pre-existing condition, but then again, the VA even screwed that up. I was SC for aggravation and they hosed up the pre-existing disability percentage (heart of my CUE).

For what it's worth, on my entrance exam, I checked off the box for sinus issues, but the examining doc checked the "normal" box. Of course, I have medical records from before service to prove it existed.

When you check your entrance exam, did the same apply to you? (you admit having it, but doc indicated it was normal)

 

For what it's worth, I won my aggravation claim via relative equipoise.

The C&P exam said, "In my opinion, the veteran obviously had allergic problems before entering the service which got worse while he was in the service, especially when he developed asthma in 1991, while in the service. One can imply that his condition got worse while he was in the service."

The decision letter talked about the history of what I claimed, what was found in my STRs, what the C&P doc said. They conceded relative equipoise: "Resolving reasonable doubt for the veteran service connection is granted for allergic rhinitis/sinusitis."

I know it is tricky trying to get an EED because you cannot use reasonable doubt/relative equipoise (dumbest policy ever).

 

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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"



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      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)
      • 4 replies
    • Wonderful news way to hang in. I hope this gives you some well deserved peace. 
    • If HadIt.com has helped you or you believe in it’s mission then please donate even $1 helps. I hope HadIt.com has provided $1’s worth of help to you. Imagine waking up and there is no HadIt.com it could happen and that is why I’m asking for your help now.



       



      Our traffic is going up and so are our expenses, however revenues have gone down and so I am reaching out to you to see if you can help me keep Hadit.com up and running.
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    • https://community.hadit.com/searching-for-va-claims-information-on-hadit.com/

       

      Your question has probably been asked before so the fastest way to find the information you need is to search for it.
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    • How to get your questions answered...


      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.


      Leading to:

      Post clear questions and then give background info on them.

      Examples:

      A. I was previously denied for apnea – Should I refile a claim?


      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?



      B. I may have PTSD- how can I be sure?

      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?



      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

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      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
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