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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

HadIt.com Anniversary 24 years on Jan 20, 2021
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    • By pacmanx1
      I am not sure how this really works but I was checking the status of my appeal and I noticed this on the right side of my screen. This was on va.gov. I am not sure if it includes all C & P Exams, QTC Exams and LHI Exams or any other medical exams, just wanted to pass it on.
      You have to click on view details appeal status to get to see the option. It only shows up on the pending appeal page.
       
      You can obtain a copy of your claim exam (also known as a compensation and pension, or C&P, exam) by contacting your nearest regional office.
       
       
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      https://www.va.gov/opa/pressrel/pressrelease.cfm?id=5529
       
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      https://benefits.va.gov/compensation/claimexam.asp
       
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      Phased Reopening of National Personnel Records Center (NPRC) in St. Louis
      Due to the COVID-19 pandemic, the NPRC was closed from March 23 through June 23, 2020.  While it was closed, a limited number of essential staff continued to report on-site each day to service urgent requests, such as those involving homeless veterans in need of shelter, medical emergencies, and funerals for deceased veterans.  
      On June 24th, the NPRC entered into Phase One of a gradual reopening.  To ensure the safety of its workforce, social distancing measures have been instituted which limit its operating capacity to only ten percent of its normal staffing level.  Despite the low staffing levels, its operations have been disrupted on multiple occasions due to exposures of staff.  As the pandemic continues to spread in the local community, additional disruptions are expected.
      In Phase One, the NPRC is continuing to service the emergency requests described above, and will soon expand its service to include time-sensitive requests from veterans for records needed to secure VA home loan guarantees and employment opportunities.  The NPRC  will also resume servicing routine requests from the Department of Veterans Affairs (VA) for the temporary loan of original records needed by the VA to adjudicate veterans’ benefit claims.  These expanded services are planned to begin on August 3, 2020.
      https://www.archives.gov/veterans/military-service-records-0
       
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      A lawyer says a lawsuit against a Veterans Affairs hospital in Kansas where a former physician assistant molested countless patients involves “the largest sexual abuse scandal in the history of the VA.”
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    • I already get compensation for bladder cancer for Camp Lejeune Water issue, now that it is added to Agent Orange does it mean that the VA should pay me the difference between Camp Lejeune and 1992 when I retired from the Marine Corps or do I have to re-apply for it for Agent Orange, or will the VA look at at current cases already receiving bladder cancer compensation. I’m considered 100% Disabled Permanently 
      • 10 replies
    • 5,10, 20 Rule
      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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    • Post in New BVA Grants
      While the BVA has some discretion here, often they "chop up claims".  For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.  

      I hate that its that way.  The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel.  
    • Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!

      My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.

      Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!
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    • I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even  reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and  nothing about stressor,
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