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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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    • 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.

      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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WomanMarine

Agent Orange DENIED MCAS EL Toro

Question

I have had heart troubles all my adult life.

Up until last year I had no idea I had Ischemic heart disease. I had a CABG in August. It failed in December when I had to have 8 stents and a week later another stent AFTER a heart attack. I filed for Agent Orange connection, as that is what I believe has caused this, and this is the comment I gleaned from MHV: 

"Per VAVBA/CO/211/AGENT ORANGE 1/9/2020:
DoD HAS NOT identified any location on El Toro Marine Corps Air Station,California, where Agent Orange was used, tested, stored, or transported. Therefore, Compensation Service can provide no evidence to support the claim."

El Toro was shut down by the EPA in 1990 because of contamination!

FAMILY HISTORY: Father died at age 56, congenital coronary artery disease. (I don't believe this to be true, as he had a stroke and I 'think' that is different)

Left Ventricle: The left ventricle was not enlarged. There are no
wall motion abnormalities. The ejection fraction is 55%

8/12/2019 ECHO
Conclusion:
1. Normal left ventricular systolic function. Moderate conecntric
left ventricular hypertrophy. Ejection fraction is visually
estimated at 60%. Mild hypokinesis of inferior wall.

Date of interview-based METs test: 2/6/2020
Symptoms during activity:
The METs level checked below reflects the lowest activity level at
which the Veteran reports any of the following symptoms attributable
 to a cardiac condition (check all symptoms that the Veteran reports
 at the indicated METs level of activity):

 [X] Dyspnea
 [X] Fatigue
 [X] Angina
 [X] Dizziness
 Results of interview-based METs test
 METs level on most recent interview-based METs test:

 [X] (1-3 METs) This METs level has been found to be consistent
 with activities such as eating, dressing, taking" ... ETC. 

###

So, it appears, they are not going to SC my heart because of AO. BUT they gave me a low METS ...

I am now 90% P&T will this add to the score since it is not SC?

 

 

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I am familiar with stroke and heart disease.

Ischemic heart disease can often cause a clots to form in the brain -thus stroke.

But that is a very limited explanation- high triglycerides and high cholesterol can also contribute to stroke.

Poorly controlled HBP can also lead to stroke.

I have asked Secretary Wilkie to consider that any veteran who has AO IHD, Service connected , and then has had an Ischemic stroke, after the IHD diagnosis, to be granted secondary comp or SMC  ,in some cases for the stroke as it could   (as likely as not) have stemmed from the AO IHD.

I have a lay medical background in heart disease and stroke and DMII as well as HBP- thanks to the VAmaking me fight over those types of claims and gave the Sec. a strong medical rationale for my request.

Then again a strong IMO/IME could obtain that as well for the veteran.

Dont forget HBP Vietnam vets- you might be able to get the HBP service connected to your incountry exposure---

BVA has already awarded a few of those claims recently and I dont have time to repeat what I posted here on that already.I have a survivors accrued claim in progress on that issue as well.I intend to win it.

 

 

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9 minutes ago, Berta said:

BVA has already awarded a few of those claims recently and I dont have time to repeat what I posted here on that already.I have a survivors accrued claim in progress on that issue as well.I intend to win it.

 

 

Yes ma'am you did! In fact I used those case histories in my AO Statement. I gleaned this info off of my MHV Notes ... Have not received 'official' I am told it is in the mail.

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Those cases were for incountry Vietnam Veterans as well as could apply under the new regs for Blue Water Navy vets who served within the 12 mile limit off coast of Vietnam during the war.

I just wanted to clarify that.

My deceased husband was an incountry Vietnam veteran.

His last posthumous decisions fell under the Nehmer Court Order

I hope I made that clear in my other posts here.

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Stick around Ms. Berta (btw that was my grannies name 🥰 ) I will be checking the mail daily!

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I am in touch with a former Marine by the name of Robert O'Dowd. He gave me this link to use and stated I should use Dioxin rather than AO ... as the VA is so 'sensitive' 🤔

https://www.envirostor.dtsc.ca.gov/public/profile_report?global_id=30970003

Site History

"Former Marine Corps Air Station (MCAS) El Toro comprised approximately 4,700 acres. Commissioned in 1943, it supported the Fleet Marine Forces in the Pacific as the major west coast jet fighter facility. MCAS El Toro was placed on the National Priorities List in 1990 due to the presence of volatile organic compounds, primarily trichloroethene and tetrachloroethene, in groundwater at the base boundary and in agricultural wells located to the west of the Station. The Station was decommissioned in 1999 under the Base Realignment and Closure Act.
The Installation Restoration Program (IRP), focused on 25 sites at the Base. Of the 25 sites, 16 have been closed. Post-record of decision (ROD) activities are underway at 8 of the 9 remaining sites; and a feasibility study (FS) is underway for the last site (soil at IRP Site 1). The Environmental Compliance Program, a parallel program to the IRP, covers the other locations of concern (LOCs) that include but are not limited to Resource Conservation and Recovery Act sites, oil/water separators, underground storage tanks, and aboveground storage tanks. Of the 1,022 LOCs, approximately 99% have been closed.
Nine Finding of Suitability to Transfer (FOST) documents have been completed. To date, 4,402 acres have been transferred. Approximately 218 acres are being leased, and the remaining 74 acres comprise the Navy-owned portion of IRP Site 1. Land use covenants (LUCs) are in place for five sites.
As part of the base closure process, a Station-wide Historical Radiological Assessment was conducted in 2000 to identify potential, likely, or known radioactive source materials or contamination. Radium-226 was identified as a chemical of potential concern because of its use as a component in luminescent paint in dials, gauges, and other equipment in aircraft. With the exception of one site, Hangar 296, all radiological sites have been closed. The Radiological Site Inspection and Final Status Survey Reports have been finalized for Hangar 296, and CDPH recently issued their radiological unrestricted release recommendation to DTSC.
Fieldwork for the time-critical removal action (TCRA) at IRP Site1 (20-acre portion of the Adjacent Property) was recently completed. IRP Site 1 is an Explosive Ordnance Disposal Training Range. Property adjacent to this site was impacted with kick-outs from training activities conducted on-Station. The TCRA was performed to address potential explosive hazards that may pose a threat to human health and the environment in support of an unrestricted use designation. The Irvine Company plans to develop a portion of the Adjacent Property for residential use.
The next steps for Former MCAS El Toro include completing the TCRA documentation, FS, Proposed Plan, ROD, and post-ROD activities for IRP Site 1 soils; closing out Hangar 296; completing the Deep Vadose Zone Remedial Action Completion Report for IRP Site 16; completing the Technical Memorandum, Explanation of Significant Differences, and LUC for IRP Site 3, Waste Area C1; completing a LUC for IRP Sites 1 and 2 groundwater; transferring the remaining Navy-owned property; continuing long-term monitoring/operation and maintenance at IRP Sites 1, 2, 3, 5, 16, 17, 18, 24, and AA 3; and completing five-year reviews as required."

 

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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.



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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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      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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      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.
      • 2 replies
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