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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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      • 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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MarkInTexas

100% P&T - Microphone Drop

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Well folks, I finally crossed the goal line that I have been moving the ball toward since I started this adventure in 2010.  A few days ago, I saw all kinds of crazy activity on eBenefits and VA.gov as I went to check on my slow shuffle in the BVA line.  I had already had my hearing and had several claims granted, and was waiting for the VA to move forward on the granted conditions, or see if they were were going to handle the remaining two remanded conditions that didn't amount to much anyway.

I was sitting back with something like 33,000 claims still ahead of me in the slow march, so I was surprised to see an attorney fee determination claim pop up out of nowhere.  I called my attorney and left a message with his office.  He called me back a couple of days later excited and says that it looks like I'm about to join the Chapter 35 Club and that they will be retro'ing my EED back to my original claim dates.  He said to watch for the mail, and as usual to never trust eBenefits, which I don't, but I still do go to, which I know I shouldn't, but I do.  Y'all know what I mean.

Anyway, a couple of days later, I get a nice retro in my account, and see that eBenefits is showing 100%, and the letter generator shows the same with the famous language of permanent and total with no future exams scheduled included in the letter.

I noticed all of the BVA granted conditions were showing as service connected, except for one, so I'm assuming they are still working on that little one.  Also the two remanded conditions have not been decided yet either.  One called for a records review in the BVA remand decision and the other for a C&P, so since we now live in a COVID-19 world, who knows how that will work out?

So anyway, I'm sitting and waiting on the one granted remaining and two remanded, but everything online shows green lights.  I did notice that there is are now two "new" claims open in my eBenefits, one still for the attorney fee determination and one for a "STR-Medical", and when I go to it, it says the claim is a regulatory and procedural review.  I'm hoping that some of y'all know what that means.

I know that nothing is super "official" until I get the big brown envelope, or white, or brown and white....whatever the VA has in stock at the time, but it is a relief to finally be near the end of the tunnel that started with a VONAPP submission to the VA.  Yeah, I said it...VONAPP......the claims are that old.

I know I've said it before, but I will say it again.  I joined this site back in 2012, and it has provided a wealth of knowledge, counseling and peace of mind, and also served as a place to ventilate.  I couldn't have made it without the help of you folks.  I also have to say that Asknod's e-book on Amazon saved me tons of trouble in the beginning, and it as handy as a pocket on a shirt as you navigate through the process.

Thanks to all of you, and I wish you peace, good health and happiness.  I'll be back and forth on here still to check in, and maybe give some advice or get some advice.  Thank you all for your service, both in the military and now.  God bless each and every one of you.

Mark

 

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Mark-

Wonderful news. Very happy for you. Enjoy what you can.

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Congratulations!  Dont forget your state benefits, as well as life insurance (free! for the first 10,000 dollars worth).  May I ask which attorney did you use?

 

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Congratulation MarkinTexas  good fight

Keep on staying on hadit  your experience with your claims can help other veterans   & plus we still need to meet for coffee someday.

of course I don't live in Dallas/Rowlett anymore   we went from Dallas to Burleson  South of Ft Worth  and because of the HOA  in Burleson I could not agree with their foolishness,  we pulled up and Are in the process of Moving to West Ft Worth (White settlement area) just off Loop 820-S  but will still use the VA.in Dallas,.

Ft worth VA is closer  but I Went and seen the Dallas travel pay director and he ok me coming to the Dallas VAMC Since All my medical records/Dr's are there and I am in MH therapy there.  since 1999

Again Congratulation  on your Big Win my friend

Buck

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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.



      ------



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      1998 - Initially Service Connected @ 10%



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      2020 - Service Connection Increased @ 30%



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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.
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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.
      • 2 replies
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