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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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      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.
      • 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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XIbodybag

First claim questions

Question

Posted (edited)

So back story, i spent 6 years in the guard including several combat deployments to iraq.  I got out in 2013 and neglected filing a claim.  In november of 2019 i filed my first claim for PTSD, TBI, Tinnitus, knee pain, back pain and secondary to PTSD i claimed anxiety, depression and sleep disturbance.  I filed a FDC.  In hindsight now i know the secondary claims should have come later. 

 

Long story short in January they changed it to a standard claim and set me up for a C&P for PTSD only....C&P was through VES and went well.  I have a CIB and arcom w v device so my stressor is confirmed automatically from what ive been reading?  Ive been calling the 1000 number since january asking about the status and they give me the same answer.  "You're in the development stage of blah blah blah" and that they are waiting on paperwork from the national guard.  When i ask them what paperwork to see if i can produce it they tell me its internal to the VA and they cant see what it is? Lol.  They've requested 4 times apparently over the past 5 months.  Anyways i finally get it out of them 3 days ago that they need some type of personnel records but no specifics.  Luckily i find hrc.army.mil and login with my premium login account and every personnel record from my enlistment, to my seperation from service is in there. 

 

The thing is why are they playing dumb and not telling me specifically what was needed?  Also why only a C&P for ptsd?  My knee complaints have been documented through active duty dr visits and va dr visits.  Also no C&P for tinnitus? Isnt that a given for infantry combat veterans?  Im so disillusioned with this whole process so far.  Going on 210 days and counting....

Edited by XIbodybag

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Posted (edited)

C an Ps are giving in person always (or telehealth right now, but that is a temporary directive) for specialty issues, generally anything above the neck needs to have a C and P for sure, and usually in person- tinnitus and hearing being one of them. Your CIB is just fine for a conceded stressor. The phone people aren't playing dumb, they have no access to your C file because they aren't cleared for it. If vsr's had to request records from the NG it will be a request for your whole file- medical and personnel just like what is requested for active duty. If you have stuff, label it clearly as what it is that you are uploading and send it- it will ping your claim file as 'newly uploaded' and then your claim in waiting status is flagged and sent to a VSR as part of their daily workload to review what was uploaded to the file.

 

Your knees and whatnot, if well documented with inservice event, evidence of current problem, and a connection opinion from someone between the two can be examined by looking at the evidence on record without a C and P in person- it may show up on your end as an exam, but it will be one that you don't report to. The doctor just goes through your medical evidence and renders an opinion on that if its recent enough. If VA is requesting something and they haven't been able to get it, they usually send you a letter telling you what and why. I can tell you right now that requests for records to NPRC (National personnel records center) and Guard/Reserve units, is backed up to hell and gone because those places in many cases don't have people reporting to daily duty yet, and you can't do records searches and reviews for a lot of things like personnel and medical remotely because its not all digitized yet. 

You are correct- generally its easier to file for secondary issues separately after you already have a rating for the primary condition. You can file both together but your claim then bounces back and forth between waiting for evidence and review because the primary condition may not be rated yet and the secondary is tied to it. Any secondary aggravation claim requires a rater to look at it first with the medical evidence on hand to decide if VSR's can set up exams or not for it, or, sometimes, the rater can take that part of the claim from the VSR and rate it right there based on the evidence on file. If your primary condition is already rated then all VSRs have to do is make sure you have all three Caluza elements (inservice event, current problem, link between the two) and then then can schedule an exam or send for decision. 

Edited by brokensoldier244th

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4 minutes ago, brokensoldier244th said:

C an Ps are giving in person always (or telehealth right now, but that is a temporary directive) for specialty issues, generally anything above the neck needs to have a C and P for sure, and usually in person- tinnitus and hearing being one of them. Your CIB is just fine for a conceded stressor. The phone people aren't playing dumb, they have no access to your C file because they aren't cleared for it. If vsr's had to request records from the NG it will be a request for your whole file- medical and personnel just like what is requested for active duty. If you have stuff, label it clearly as what it is that you are uploading and send it- it will ping your claim file as 'newly uploaded' and then your claim in waiting status is flagged and sent to a VSR as part of their daily workload to review what was uploaded to the file.

 

Your knees and whatnot, if well documented with inservice event, evidence of current problem, and a connection opinion from someone between the two can be examined by looking at the evidence on record without a C and P in person- it may show up on your end as an exam, but it will be one that you don't report to. The doctor just goes through your medical evidence and renders an opinion on that if its recent enough. If VA is requesting something and they haven't been able to get it, they usually send you a letter telling you what and why. I can tell you right now that requests for records to NPRC (National personnel records center) and Guard/Reserve units, is backed up to hell and gone because those places in many cases don't have people reporting to daily duty yet, and you can't do records searches and reviews for a lot of things like personnel and medical remotely because its not all digitized yet. 

Hey thanks! I was hoping for a response from you.  Its been a pain in the ass trying to get clarification about what was needed.  Any idea how long after i uploaded my personnel records and medical records before they review the newly uploaded documents (in general of course).

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The suspense is automatically set for 30 days for most 'waiting for veteran' stuff. 10-15 for records requests from NPRC (except for now, it has to keep being pushed out), and some things can be gotten electronically within a few hours- depending on when you discharged and whether or not it Active or Guard/Reserve. NG/Reserve usually has to be requested (statutorily) from the unit, if for no other reason than because the statute says that Duty to Assist says so.  'New Mail' (as it shows up on claim files) is assigned by a national computerized queue based on overall workload- not my monkeys, I have no idea how that stuff is assigned, it just shows up. Sorry I can't be more help there. Usually, though, based on what I see come across my 'desk' (at home, aint it great right now) is claims with newly uploaded stuff within a few days of when it was uploaded or scanned in by the mailroom somewhere. 

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Posted (edited)
7 minutes ago, brokensoldier244th said:

The suspense is automatically set for 30 days for most 'waiting for veteran' stuff. 10-15 for records requests from NPRC (except for now, it has to keep being pushed out), and some things can be gotten electronically within a few hours- depending on when you discharged and whether or not it Active or Guard/Reserve. NG/Reserve usually has to be requested (statutorily) from the unit, if for no other reason than because the statute says that Duty to Assist says so.  'New Mail' (as it shows up on claim files) is assigned by a national computerized queue based on overall workload- not my monkeys, I have no idea how that stuff is assigned, it just shows up. Sorry I can't be more help there. Usually, though, based on what I see come across my 'desk' (at home, aint it great right now) is claims with newly uploaded stuff within a few days of when it was uploaded or scanned in by the mailroom somewhere. 

Okay thanks for the info!  I just called the 1000 number again and the representative said that even though i uploaded the whole personnel file and medical records that the va will continue to request it until the government agency they are requesting it from provides an adequate response.  Does that make sense?  Does that hold true even if i upload it on my own? I should add the va has requested 4 times now with the first request being in january.

Edited by XIbodybag

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Broken We appreciate your inputs on the inner-workings of the VA. Just a little info from knowledgeable people such as yourself provides a little easing of the mystery if you know what I mean. Thanks.

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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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