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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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    • 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.
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Buck52

A&A For Totally Disabled Veteran Spouse?

Question

Any body know about the New  A&A Program For Vietnam Veterans spouses that are totally disabled and in Need of another person to help with most daily activities , this program started some time back but was for mostly Gulf War Vets and 911  But recently the VA has made a prevision so that Vietnam Veterans spouses that are totally disable use the A&A Program...in need of assistance.

I read that its only for 100% P&T Veterans spouses...they add to the Veterans  monthly compensation pay

However when I went to check the eligibility  online  they said my income was to much   that this was  for Veterans with an income less than 2000.00 monthly.

so maybe they need to change to eligibility to under the 100% P&T?

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I think maybe you mean the A & A Pension program- that would be limited to your income- 

I cant find anything on a "new" caregiver program provision , Buck---

can you give us a link to this info?

"But recently the VA has made a prevision so that Vietnam Veterans spouses that are totally disable use the A&A Program...in need of assistance."

 

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Posted (edited)

Ms Berta, I am not sure this is a new program ?

I keep getting conflicting reports.  the thing was it was not eligible for Vietnam Vets totally disabled spouse. or over 65 until this year , where before it was only open to the gulf war veterans.

but I seem to remember reading about it, they  passed  it as to where Vietnam Veterans can get it also as long as they are totally disabled or over age 65? (the veterans spouse) and the veteran served at least 90 days in a combat zone or conflict like Vietnam was.  I believe they added the War War II VETS   (IF ANY LEFT) AND KOREA Conflict VETERANS

THE WHOLE KIT AND CABOODLE

Here is a link I google  and I still can't make anything of it..unless their meaning the wife of a deceased veterans?

http://americanveteransaid.com/newblog/2020/05/

 

I may not be eligible because of my VA COMPENSATION AT 100% PLUS 2 SMC  Awards. With my spouse as dependent .

but she is tottally disabled and need assistance from another person  like helping bath , getting dressed , cooking, helping to transfer for wheel chair to regular chair  and  mother nature needs.

  Her Dr's both said she can't be left alone ever   and I have Dr's Appointments and  got to get grocery's but so far since this cornavirus pandemic  I been having my VA Appointments via Virtual tele health conference on my computer (LapTop)

I hate to broadcast this but here goes.....

However, we sold our home and are homeless, but  in a few days we will go stay with our son until we can get into another house.(which is not the VA fault) the house closed earlier than expected and we had to get out for the new owners...were ok   and in a few days hope to be at our sons house.  we both been sleeping in our car  its not comfortable for my spouse but she tough and hopefully she can hold out long enough...we use a truck stop to use rest rooms and clean up and of course eat.  and use a  WiFi hotspot for Internet from a near by Starbucks..

Reason we don't or can't get a Hotel Room is our funds are running low and have to be thrifty  until the 1st on payday...we had to use what funds we had for closing cost (No Equity)

so we need to hold out until the first and in a few days we hope to go to our sons house. (which happens to be under construction) has he is remodeling....hope they finish up some times this week. 

 This selling our home has made it somewhat harder for us.

But We will be ok

Edited by Buck52

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Buck, that is  a lot to deal with-but it sounds like you both will be OK, when you are able to move in with your  son.

I am only aware of the Wartime A & A pension, for spouses , and it is limited by any other income.

By living with your son I hope that will gain you and your spouse some relief from what you deal with now.

Hopefully someone in your family will always be able to be with your wife, if you need to go to the VA, etc.

I assume your wife has CHAMPVA.

I didnt get my CHAMPVA Booklet yet this year but the booklet is on line and it says this:

With CHAMPVA, you’ll be covered for services and supplies when we determine they are medically necessary and were received from an authorized provider. When providers are performing services within the scope of their license or certification, we consider them to be authorized.

"Covered services include:

There might be something in the CHAMPVA Booklet to help your wife in the future, if she needs some in -home care that you or your son and his family cannot provide.

I wish disabled veterans could get CHAMPVA! 

That will never happen. But it is a wonderful program for dependents who qualify.

This is why it is important for vets with a 100% rating or TDIU rating, to try to obtain the P & T status in their lifetime.

My husband never saw his 100% SC P & T PTSD rating,but I got it as an accrued benefit because I continued two claims he had at death.

Another point- the VA told me he would never walk again, after his stroke ( which after he died was 100% under 1151).

They suggested I try to find a nursing home for him. The closest Nursing home is at the Bath NY VA, 22 minutes from my house.BUT he was only 30% SC at the time for PTSD and was not eligible to be there.***

However - I got tough with them at the VA. There was no way he could be discharged back to our home because it would need extensive renovations, as he needed a large wheel chair- 

I made some Big waves right away, and they were forced to give  him Rehab OT  therapy, for a few weeks, and he could walk three feet without falling, so they discharged him from Syracuse to Bath, where I parked close to the ambulance,  and my Honey came home!!!!!    He crawled for about 3 more weeks and would shimmy up the wall of a narrow hallway here and then practice to walk.The walls would catch him if he started to fall.

By time of his next VA appt . with his PTSD doc , he walked into the VA ( with my shepherd;s crook to help-the cane VA gave him was too short.) Almost 3 years after he died the 100&P & T award letter came, making him eligible for the Nursing Home at VA.But he was dead.

To anyone reading this -If your SC disability is rated too low- fight back if there is a potential for a TDIU or 100% award.Better yet a P & T award.

The VA Nursing homes are now the Community Living Centers and have specific eligibility criteria.

You might not ever need a Nursing Home at some point, I hope you don't, but this is how the VA tried to get out of their extensive malpractice on my husband, hoping I would never be able to interpret his medical records.

He could have ended up in a nursing home far away from me and my daughter.

He was a highly decorated combat veteran. I forgive the multiple doctors who harmed him, causing his death.

I do not forgive the VA system for continuing to malpractice on veterans. And for hiring federal contractors as "Providers" who are not liable under FTCA.

Buck,sorry for this rant- but vets never know when they themselves could become so disabled, that they ,themselves, would need a caretaker.And the spouses age with them and are often completely unable to be their caretaker.

I am trying to get a vet friend on mine on Medicare- which he has-but he wont leave the VA.I think they messed up in his care big time, but, he is stubborn and has 10% SC for back injury but now he can hardly walk.

VA saves lives EVERY Day- I am sure of that----but, like every large federal entity- they also have some  incompetent doctors.

 

 

 

 

 

 

 

 

 

 

 

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I noticed "A and A for spouse" is on the "older" compensation rate tables:

https://www.benefits.va.gov/COMPENSATION/resources_comp0116.asp  they reference "footnote b".  

The "newer style" compensation rate tables dont show it, at least not that I can find.  

One would assume the critieria for "a and a for spouse" would be the same as "a and a" for the Veteran.  

     Of course, this is not the only VA regulation which is confusing or even conflicting.  For example, VA puts "bedridden" regulations inside of "housebound" which renders it confusing to know if they are speaking of "bedridden" or "housebound".  I think this is by design, so that VA raters can deny housebound because "they are not permanently bedridden".  

      These are very different.  Its one thing to be confined to your home, quite another to be confined to your bed.  

     Just as bad, if not worse, the VA likes to "mix up" regulations on Pension A and A, compensation A and A (SMC L), as well as "housebound pension" and "housebound compensation" SMC S.  

    

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Broncovet, I used to think there was A & A for the spouse- but never knew where I got that idea-

Thank you for linking this ------I have no idea what happened to cause VA to apparently drop this program.

I will try to find something more on this- maybe a vet' spouse, if eligible for A & A prior to the change , could still be grandfathered into the older regulations....if they were eligible for spouse A & A prior to this change-and continue to be now.

 

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  • 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
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