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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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    • 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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      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.
      • 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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Question

Hello all,

I've been a big fan of this site and would like to thank all for the great insights pertaining to all.

My questions follows..

I filed a NOD in receipt on July 30th 2018 as va.gov showed. It was for a DRO review. I filed for 3 contentions for increase and TDIU. Which always shows as 2 different claims on VA.GOV site.

My current rating before NOD was at 90%. For total of 12 rated issues.

Recently this week showed up on VA.gov and ebenefits as granted 100 TDIU but on ebene I did the math..

50%, 10%x5, 20%x4, 30%x2.. This should add up to 95% which makes it 100 schedular so I thought... Below are what I saw from ebene. I'm just confused coz if 100 by schedular the TDIU should be moot.. Also, my disability on ebene shows 100 disabled. I want to have 100 schedular. Haven't received the brown envelope yet with decision letter. No retro pay yet.

I'm bad at pasting all info from ebene on this post...

Ebene benefit summary breaks down with checks:

1. You have one or more serv related disabilities. YES

2. Your combined serv connected disabilities are 100%.

3. Your current monthly award is:  effective date of last change amount and date.. $4158.32 / 12/01/2019.

4. You are being paid at 100% due to your unemployability due to your service disability. YES

5. You are considered t&p so let due to your serv connection. Effective dates of your T&P disability dates are 10/07/2017.

6. You are being paid SMC due to your service type severity..etc... YES

Everything here looks like tdiu 100 but my total math on my ebene shows 95 which us 100. My retro is another thing..if schedular..it seems as since my increase on the NOD was effective on 11/27/2019 that made me 100 by va math and the TDIU stated above was for 10/07/2017 effective.

Any help would be greatly appreciated.

Thanks in advance.

 

 

 

 

 

 

Edited by 19k4life

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19k4life, I am in the exact same boat as you I was awarded TDIU w/SMC-S.My EB award shows both but my SMC isn't listed on my award letter, Its inferred due to TDIU.  I have consulted with many ppl at the VA. What I have been told again and again is that My IU award will stand until I am able to maintain gainful employment. Once that happens I will lose my SMC-S and get paid at the 100% scheduler P&T rating. 

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Here is what Vetquest meant in his post

''Buck, I recently read a 2017 VA Raters Guideline directing the Rater to be sure that the New Scheduler 100% Rating, wouldn't jeopardize an IU Vet receiving SMC S (1). If it would result in the disqualification for the S (1), the IU Rating was to be continued.''

I believe this is what happen or happening to me if they take my TDIU AWAY MAKE IT MOOT then I would more than likely lose my SMC S H.B.

CAN YOU SEE WHAT WERE SAYING HERE?

This is from an older ELDER  ex member of hadit..he eventually had to get off hadit because he had that brain cancer the Senator John Mc Cain had Brain surgeries several times  the last surgery he had I don't think went over to well?

 his hadit screen name was'' Gastone.''.I am not sure if he is still living or the brain cancer got to him and he passed away?

I don't get emails back from him anymore  but he once told me if I don't hear from him  he is either messed up in the head(out of it) or taking his dirt nap,  

He was very good here on Hadit. I sure do miss him.

I disagree with Richard 1954  I believe the VA can Make IU Moot.but don't always do that for a veteran that they used the CFR38 16(b) extra scheduler it would jeopardize his other ratings like SMC' S, but this is just my opinion ,   maybe other hadit members will chime in about the VA MAKING A VETERANS IU Moot?  If he reaches the 100%schedular rating?.  I believe they can make it moot.  if the veteran ask for the 100%scheduler AND IT DON'T JEOPARDIZE HIS SMC-S if he has that.

so I am thinking its the way the Veteran got the TDIU Rating  under a combined rating  but didn't make the 100% for his  combined service connected condition's & was inferred the TDIU P&T  IF HIS SERVICE CONNECTED CONDITIONS KEPT HIM FROM WORKING.

 

Edited by Buck52

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Lancejoseph.

I'm not sure if you have read.thru all comments from me and others. You know my current situation.

I just got this award letter today. I've been working since April 2019 till currently. So you think I can still continue working and let va know this until I hit my 1 year mark and then that makes me maintaining gainful employment thus will then revert back to my scheduler?? No re-exam, no reduction letter?? I highly doubt that will be the case since they deemed me employable so my disabilities somehow improved.. I'm certain it will cause me further headaches.

Thanks for your comments and hope you can further enlighten me on how I should go about this.

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19K4life - The best advice I can give you is to call the VA Monday.

1. Ask for claim clarification and find out if going back to work would render your IU moot and thus go to scheduler.  

2. Get all paperwork together, sick days, even a buddy statement from a manager on how impactful your disabilities have been. 

3. Inform the VA that you have been temporarily employed. 

4. Request a copy of your code sheet!!!! ( this will allow to see what each rating is static or Not) Static is unlikely to change and therefore no future exams unless you give them a reason

I believe if you continued to hold employment your IU will become moot and you will continue to be paid at the scheduler rating. I also believe your smc award will stand because it isn't due to the 100+60 rule, If i had to guess its due to your knees. which is why yours shows up on your award letter and mine does not, mine is dependent on TDIU and the 100+60 rule.  Hope this helps brother!

PSA- All of this is my opinion and i'm not interested in getting into an information pissing match lol. 

 

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19k4life

iT DEPENDS ON HOW THEY GAVE YOU THE IU,

IF YOU GOT THE IU ON A COMBINED RATING AND YOUR RATING WAS UNDER THE 100%  AND THEY GAVE YOU THE IU BECAUSE YOU COULD NOT WORK DUE TO THESE COMBINED RATINGS  IF YOU HAVE SMC S  THIS IS WHY YOU SHOULD NOT WORK   THEY CAN TAKE AWAY YOUR SMC if you work and also take away the IU.

NOW WHAT MAKES THIS CONFUSING IS THAT YOU HAVE ANOTHER RATING OF 100%SCHEDULER,

FOR THIS REASON I WOULD THINK THEY CAN MAKE YOUR TDIU MOOT AND GIVE YOU THE 100%SCHEDULER  BUT IF IT JEOPARDIZE YOUR SMC THEY MORE THAN LIKELY WILL KEEP YOU AT THE IU.

CALL THE 1-800 # AND ASK THEM THIS QUESTION?  IF YOU CAN REQUEST THE 100% SCHEDULAR RATING AND GO BACK TO WORK..IF  THEY TAKE AWAY YOUR SMC -S ?

BUT YOU CAN WORK AND STILL GET THE 100% COMP EACH MONTH  A LOT OF VETERANS CHOSES TO WORK  BECAUSE THEY CAN OFF-SET THE SMC THEY MAY LOSE TO A BIGGER AMOUNT BY WORKING.

This is probably the thing to do in your situation.

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      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.

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      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’.


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      Post clear questions and then give background info on them.

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      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?



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