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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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slangpdx

TDIU attempt advisability

Question

I had filed an intent to file in Feb 2019 but decided the wise thing to do was to role it over to another intent rather filing for TDIU in Feb 2020.  I have 70%  SC for mental health issue, won on appeal using an IMO in 2010.  Decision said "deferring decision on TDIU", don't know if that meant there was a presumption in favor of it or if that is boilerplate.  County vet rep urging me to go for TDIU.  I went to see a psyche who worked at VA regional for 22 years, he confirmed it is a risk if it goes across the desk of the wrong person for a reduction.  Since my VA award in 2010 I got an SS disability award for the same reason as the VA determination in 2018.  Psyche said that would potentially be of help on a TDIU request. 

I was in state voc rehab system for about 2 years, they just terminated my situation, saying there is nothing they can do to help me, I have that in writing.  Have been with VA rehab also, they have just pushed me into classes, which I cooperated with with two As.  Current counselor told me point blank they do not help anyone get jobs. 

 

Please do not read anything into this post that is not there.  Trying to give just enough info for a helpful response. 

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15 hours ago, Berta said:

 

Thanks for response.  Not sure if I understand what you are saying.  Does this mean VA TDIU could be backdated to date of SSDI award?  For me that was an application date of Dec 2017 made retroactive to Dec 2016 for benefit purposes. 

My SSDI was awarded on first try with no appeal which only happens in about 10% of cases.  I fired my lawyers, they said they didn't think I would win at all, they got nothing.  I was doing all the work anyway. 

Sorry if this post looks wrong, this website has become almost unusable. 

15 hours ago, Berta said:

 

 

 

 

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15 hours ago, Berta said:

The SSDI award also is Great evidence, as you said it is solely for your VA SC.The Psyche is right.

Make sure on the TDIU form that they are aware of the SSDI  for the same SC.

They should send you an authorization form- unless things changed, to get the SSA findings.

You might be able to even get a very favorable EED, on the TDIU with SSDI evidence.What I mean is:

Mt deceased husband had two claims ending when he died. He made me promise to continue those claims if the VA "killed " him. He had filed  1151 claim and TDIU claim. I said Honey the VA isn't going to kill anyone.He suddenly collapsed 4 hours later and I could not revive him with CPR.

Almost 3 years after his death I won FTCA for wrongful death and also 1151 DIC, subsequently changed to direct SC due to untreated and undiagnosed AO DMII.

The first award letter I got on accrued was a posthumous award for 100% P & T for PTSD.

Although he had filed the TDIU claim about one year after he also had received SSDI for PTSD, the VA gave him not the 1992 EED for the VA claim, but 1991, due to the SSDI award.

SSDI contains an independent medical finding. The regulations for that type of favorable EED is here somewhere at hadit.It is a regulation based on when "entitlement" arose.

I heard a vet rep at the local VA tell a vet who had applied for TDIU- "that is very interesting" when the vet mentioned to him that he received SSDI solely for PTSD.I don't think the rep even mentioned that or checked the box for it,  on the 21-8940 that  he was filing out for the vet.

I caught the vet going to his car ,as he left the VA and advised him to make sure the VA knows of his SSDI award.

I coudn't help but overhearing what the rep said.

 

 

 

Don't think I understand here.  Does this mean my TDIU could be backdated to date of SS award?  For payment purposes for me that was Dec 2016 with application date of Dec 2017, award was in July 2018.  Again, no one I have worked with mentioned this as a possibility.  I got the SSDI award on first try no appeal, only happens in ~ 10% of cases.  I fired lawyers, they got nothing, said they didn't think I would win and I was doing all the work anyway.l 

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It could be a one year additional retro amount. It depends on the filing dates.

I will try to find the regulations on that, as it does not happen often- as well as the regs VA stated in the accrued award letter I got.

"I fired lawyers, they got nothing, said they didn't think I would win and I was doing all the work anyway."

My husband had separate SSDI awards- because I found a legal error they made in their own SSA Handbook.

SSDI for 1151 stroke, and then SSDI under a reconsideration request solely for PTSD.

We had to make a long trip to a SSA lawyer fr his help and he said my husband would never succeed in the Recon request. I called the lawyer up  about 3-4 months later and told him he lost over 4 thousand bucks ( the SSA lawyer's fee, he could have attained if he had at least considered the evidence I brought with me.

He was shocked and then we had quite a long conversation on PTSD- and he said he would never look at a PTSD SSDI situation the same way.

I had no lawyer for my wrongful death FTCA. After about 20 lawyers  turned me down, saying I would NEVER succeed, here in NY, I just said piss of them and decided to do it myself.

Same as with my husband's ADA EEOC case- the first case filed and first ADA win here in NY for discrimination by a federal contractor....due to my husband's ( at that time) 30% SC for PTSD.

Some only brought up the incompetence issue- because many of us are hardcore VA claimants, and we look for the potential VA land mines that can cause a veteran or their survivors , unwarranted grief...

VA has pulled the incompetency issues on a few vets here, over the years, who fought back right away and the VA dropped that idea.

You reveal here that you are FAR from incompetent!!!!!

Don't worry about that.

 

 

.

 

 

 

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I agree with Berta.  "UNLESS" your doctor has stated you are not competent to manage finances, you should be fine.  If you are paying your own bills now, and your water, electricity, rent are not being cut off for non payment, then its highly likely you are competent to manage your own finances.  

Effective date regulations follow.  There are special circumstances if you are applying for an increase (tdiu is an increase), and several others:

https://www.law.cornell.edu/uscode/text/38/5110

   The difficulty and complexity of understanding effective dates, in my opinion, is by design.  It prevents many Vets from persuing the effective date(s) they deserve.  

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All I found was the award I mentioned,below:

 I have the rating decision but it was not in the this file. The regs are here but hard to find under a search-

The veteran was awarded SSDI solely for PTSD within the same year he had filed for an increase to his 30% SC PTSD. That same year factor was critical to the favorable EED.

The VA had initially  denied this claim , as an accrued benefit claim after Rod died and I went to see his shrink at the VAMC, showed him the SSDI award letter and asked him why his MH notes were missing from the evidence list-he had hypnosis records, treatment records and gave my husband numerous tests to separate the 100% PTSD from the 100% stroke, and he had written a very concise report that my husband's PTSD was "catastrophic."

He gave me a copy of that report ( not a C & P exam) and said he would immediately write to the VA over what they were missing, verifying the SSA award. He sent me a copy of his letter and this award was soon in the mail.

Their accrued regs at that time (1997) would not allow then to pay me more than two years accrued at the time.

Oct 1991 was the last day he worked and his SSA EED for PTSD went back to that date.

The previous payment they mentioned was for  month of death ( VA would take the deceased's last VA comp check right out of the checking account immediately. I don't think they do that anymore.

My daughter had foregone college due to our financial situation, but had already  joined the USAF instead.

I use the DEA for my degree at AMU- she is working on her Masters but refused to use her DEA award long ago because they made such a ridiculous  error at first on it, fixed under CUE, she figured they would screw up any further VA issues she had. She works for DOD and pays for her education herself.

If I find that rating sheet it might help more.

 

 

 

Accrued award 1997.pdf

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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)
        • Thanks
      • 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.
      • 4 replies
    • 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.
      • 2 replies
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