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14 Questions about VA Disability Compensation Benefits Claims
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?
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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Commonly Claimed Disabilities
Tinnitus | PTS(D) | Lumbosacral Cervical Strain | Scars | Limitation of flexion, knee | Diabetes | Paralysis of Siatic Nerve | Limitation of motion, ankle | Degenerative Arthritis Spine | TBI – Traumatic Brain Injury
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Revenues are down, costs are up and I need your help. Financial gifts are always appreciated but never required. If HadIt.com has helped you and you can give back a little it is appreciated Give here https://community.hadit.com/donate/make-donation/Give a financial gift to help with the upkeep of HadIt.com. HadIt.com is NOT a non profit. Gifts are not tax deductible, they are just gifts.
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Latest Compensation & Pension (C&P) Clinicians Guide as of 2020
marathonjon posted a question in Veterans Compensation & Pension Exams,
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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- 5 replies
Picked By
Tbird, -
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I don’t say thank you enough to all of you...
Tbird posted a question in VA Disability Compensation Benefits Claims Research Forum,
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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- 3 replies
Picked By
Tbird, -
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Help HadIt.com stay online buy a subscription
Tbird posted a question in VA Disability Compensation Benefits Claims Research Forum,
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
Picked By
Tbird, -
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ASK VA your questions, TODAY
broncovet posted a question in VA Disability Compensation Benefits Claims Research Forum,
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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- 8 replies
Picked By
Tbird, -
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5,10, 20 Rule
Ddsr posted a question in VA Disability Compensation Benefits Claims Research Forum,
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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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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- 9 replies
Picked By
Tbird, -
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Our picks
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Latest Compensation & Pension (C&P) Clinicians Guide as of 2020
marathonjon posted a question in Veterans Compensation & Pension Exams,
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-
-
- 5 replies
Picked By
Tbird, -
-
I don’t say thank you enough to all of you...
Tbird posted a question in VA Disability Compensation Benefits Claims Research Forum,
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.-
-
- 3 replies
Picked By
Tbird, -
-
Help HadIt.com stay online buy a subscription
Tbird posted a question in VA Disability Compensation Benefits Claims Research Forum,
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
Picked By
Tbird, -
-
ASK VA your questions, TODAY
broncovet posted a question in VA Disability Compensation Benefits Claims Research Forum,
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.-
-
- 8 replies
Picked By
Tbird, -
-
5,10, 20 Rule
Ddsr posted a question in VA Disability Compensation Benefits Claims Research Forum,
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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- 9 replies
Picked By
Tbird, -
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Howdy All,
I recently was bumped up to 100% from 90% after most of my NOD was ruled in my favor by the higher level review in the legacy process. So this is definitely not a complaint. The NOD approvals made my effective date 29 Dec 2017. The back pay was supposed to be for around 28 months. Then like 2 weeks later after I received the decision I received retroactive pay. Unfortunately it was only for about 15 months. I submitted an IRIS request about it. So now they are doing an audit. The original claim that I filed the NOD for bumped me from 40% to 90% effective 29 Dec 2017. So they took about six months on that one cause it also affected my military retirement pay. They got that right. The VA rep thinks that who ever submitted the NOD details for retroactive pay saw all of the original stuff and probably made a mistake on the dates. So food for thought, if you are successful and get bumped up that requires retroactive pay double check it. If it's not correct let the VA know. I used the "Retro Pay Calculators" that I found online via Google. Not foolproof but pretty close. I'll post an update when I get one.
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