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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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Jash

C&P Dr Recommendation vs Rater

Question

I’ve done the VA claim-bit on my own. I don’t  know if this is a mistake or not. 

I went to a c&p exam recently. I left somewhat confused. I never had a doctor tell me directly that she was recommending an increase as well as IU. She said though it was ultimately up to the rater. I don’t have her report because 30 days has not passed. I was at 50% for ptsd and 10% hearing loss. During the appointment the c&p doctor quoted a couple other reports where VA doctors I’ve seen at various clinics said that I had “long term, chronic and severe...” (Don’t want to get into the what). I find myself now obsessing if: 

1. The c&p dr was lying to about her recommendations; 

2. The c&p dr was telling the truth about the recommendations;
3. The rater will decrease my %
4. The rater will increase my%

Ultimately it boils down to: How much weight does the rater put into the C&P dr recommendations? Could I really get IU if that dr did actually recommend it? what are the chances?  The IU could help a lot, I’ve not been able to work much the past few years. 

Edited by Jash

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Your answer is, your guess is about as good as ours.

The VA raters are supposed to go with the recommendations provided by the C&P. As for the weight of evidence, typically the more detail something has, the more definitive it is, and gives less wiggle room to speculation and misinterpretation. You'll be able to review your C&P, and you'll also be receiving an award letter that elaborates on any benefits, or denials.

Until then, I would suggest finding a hobby you find peace with. SOME C&P's can debate whether IU is a yae or nay, but not all.

If it's for PTSD or TBI, those include recommendations based on IU etc. (I'm 70% PTSD myself btw, but not IU)

If you get a 70% rating or higher, you can request IU. Do you have a VSO to help you out with some of this?

Edited by awgv001
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Any doctor whether it is a VA doctor or an outside doctor can provide a recommendation for a rating.  It is still up to the rating officer as to what percentage is granted if at all.  The best thing the doctor can do is make sure that the documentation they are submitting has the necessary symptoms that are necessary for the rating they think you should have. 

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1 hour ago, JKWilliamsSr said:

Any doctor whether it is a VA doctor or an outside doctor can provide a recommendation for a rating.  It is still up to the rating officer as to what percentage is granted if at all.  The best thing the doctor can do is make sure that the documentation they are submitting has the necessary symptoms that are necessary for the rating they think you should have. 

This is true.  I had two outside doctor IME/Nexus with percentage recommendations.  The VA gave me higher ratings on both contentions.  Blew me away.  Usually the Va is notorious lowballers.

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I have to go with awgv001's advice to get a hobby.  You will drive yourself crazy trying to figure out what the VA will do in a given instance.  Most rating doctors are honest about what they are going to recommend.  Even the doctor that tried to mess up my health record was honest that he was going to try and mess me over.  Only time will tell which way the VA rater is going to go on your doctor's recommendation.  Some people's claims go very smoothly and others seem to take an act of congress.  Good luck and try not to obsess on your claim.  

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Great advice above, as stated as above know one knows or can tell what VA will do until it is written in ink and you have your decision letter.  Yes, the bottom line is that the VARO will actually make the decision on what your rating will be.  Try not to be concern too much about the VARO reducing your current rating.  In most cases you will get an increase, in some cases you could either get TDIU or even 100% scheduler for PTSD.  There are times when a veteran's mental health precludes him/her from working. It really depends on your symptoms.  Just know that if the VARO rates you as 100% PTSD, they may try to say that you are incompetent to handle your own funds.  I have seen this several times.  I am just guessing because you stated that several doctors in various clinics stated "You have long term chronic and severe PTSD".   Even though it has not been 30 days you can also check my healthy vet. and try to pull up your exam.  Just don't try to do it every hour to every day.  Keep in mind because it is a mental health exam it may or may not be loaded in the system.  Take a deep breath it is almost over. Good luck

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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
        • Thanks
        • Like
      • 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
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      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)
        • Thanks
        • Like
      • 9 replies
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