Jump to content

Announcements



  • veteranscrisisline-badge-chat-1.gif

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    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 ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    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

  • Ads

  • Our picks

    • 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
  • Advertisemnt

  • 0
Sign in to follow this  
Remisdad

Found my case on BVA decisions search

Question

No question just found my case while searching BVA decisions and thought I'd share and see if anyone had any opinions. 


Citation Nr: 20014698
Decision Date: 02/26/20	Archive Date: 02/26/20

DOCKET NO. 19-27 623
DATE: February 26, 2020

REMANDED

Entitlement to an initial rating in excess of 10 percent for left hand malunion spiral fracture of left long and ring metacarpal, to include on an extraschedular basis, is remanded.

Entitlement to an initial compensable rating for left hand malunion spiral fracture of left ring finger, to include on an extraschedular basis, is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Army from April 1993 to August 1996.  

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an October 2016 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO), which granted service connection for left hand malunion spiral fracture of left third and fourth metacarpal and left hand malunion spiral fracture of left fourth and assigned a 10 percent rating and a noncompensable rating respectively, effective January 29, 2016.

1. Entitlement to an initial rating in excess of 10 percent for left hand malunion spiral fracture of left long and ring metacarpal, to include on an extraschedular basis, is remanded.

2. Entitlement to an initial compensable rating for left hand malunion spiral fracture of left ring finger, to include on an extraschedular basis, is remanded.

In his December 2016 Notice of Disagreement (NOD) and in his September 2019 VA Form 9, the Veteran asserts that a distal fragment or bone spur that protrudes into the flesh of his hand is an additional symptom that affects his overall disability picture regarding his left hand finger disabilities that causes significant pain, limitation of motion, and an inability to fully close or grasp objects with his left hand.  Additionally, during the October 2016 VA examination, the Veteran reported his left hand finger disabilities interfered with his ability to do his job as a heavy machinery operator due to his inability to grip things in his left hand, including the need to tightly grab the steering wheel when driving a dump truck with a manual transmission over rocky roads, and that he cannot adequately perform his duties.  To this end, the October 2016 VA examiner indicated his ability to work is significantly impacted due to his inability “to close his left hand fully because when he does the portion of the third metacarpal presses into his hand causing significant pain.”  Additionally, the examiner highlighted that as his left hand condition has worsened, he has become more of a liability on the job and that in the event of an accident, his employer could be found liable for allowing him to operate equipment with such limitations.  Moreover, the December 2018 VA examiner also noted the Veteran’s ability to work is impacted due to his inability to grip with his left hand if he needed to lift something that required both hands.

Given this evidence, the Board finds that referral to the Under Secretary for Benefits or the Director of the Compensation Service is warranted to determine whether the Veteran’s disability picture requires the assignment of an extraschedular rating for his left hand finger disabilities.  Any outstanding records should also be secured.

The matters are REMANDED for the following action:

1.  Obtain any outstanding VA treatment records.

2. With any necessary assistance from the Veteran, obtain any outstanding relevant private treatment records.

3. Then refer the issues of entitlement to an initial rating in excess of 10 percent for left hand malunion spiral fracture of left long and ring metacarpal and an initial compensable rating for left hand malunion spiral fracture of left ring finger to the Director of Compensation Service for extraschedular consideration consistent with 38 C.F.R. § 3.321(b).  The Director is specifically requested to consider the symptomatology outlined in the Veteran’s December 2016 NOD, September 2019 VA Form 9, and October 2016 and December 2018 VA examination reports. 

 

 

S. BUSH

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	R. Asante

The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.

Share this post


Link to post
Share on other sites

Recommended Posts

  • 0

On va.gov when I started my appeal there were 155k cases ahead of mine. When there was 130k ahead of mine my case was remanded. I didn't ask for mine to be sped up. So do they not go in order?  I have 122k ahead of me now. That just didn't make sense to me. 

Share this post


Link to post
Share on other sites
  • 0

There is a huge lag time between va.gov postings and the rest of the world.   So, when you read this, you obviously fell in the lag time.  As an example, some people get their money prior to ever receving a decision, and anything being posted on ebenefits or va.gov.  

You have no choice but to wait for the remand to be completed.  

Share this post


Link to post
Share on other sites
  • 0

I was thinking when a veteran has to go to the BVA for a decision which is usually a 85% chance will be a favorable...but as the BVA judges approves his claim   and then remand it back to the R.O.   WHY don't the BVA just set up an office at the R.O. SINCE they are the ones to make the final decision  stop all this back and forth crap.   with these claims.

Share this post


Link to post
Share on other sites
  • 0

It really is something. Most veterans who submit a claim really doesn't have any idea how upside down the whole claims process is. They expect that the VA will do right by them; after all, the veteran did their duty for the country. So the VA will grant what he or she should get. If they are lucky, they get good education and guidance and they get some advise from a few that have been in try to warn of the inconsistencies and stupidity of the processes. Take the remand process. The BVA  remands a direction to the VA, it goes back, if the VA makes a decision the veteran doesn't like, it goes back on appeal to the BVA. The BVA makes another decision, and then, repeat the process. Or AO presumptive disabilities. Congress passes a law that the NAS is to review and report their findings on the effects of AO as it relates to certain diseases every other year. They do and make the required recommendations to the VA to add 4 more presumptives. The VA ignores for 4 years. Congress  says to the VA to get on the stick and report when they will act in 30 days. The VA says to Congress, maybe  in a year, we have to do our own study. Who the hell is running the country? Sure looks like the VA will and can do what it wants, law or no law.

Share this post


Link to post
Share on other sites
  • 0

Thanks all. I'm not the sharpest tack in the box and I HAD a lawyer who was dumber than me. I have learned more about the va process the short time I've been on this site than I could have ever imagined.  I am cautiously optimistic about my case. This site is great and once again thanks all!!!!!

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this  

  • Ads

  • Our picks

    • 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)
      • 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
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines