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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 believe that is the correct form to use as within this 2020 BVA decision:

In part:

"In this case, a private physician completed a VA Form 21-2680 Examination for Housebound Status or Permanent Need for Aid and Attendance (VA Form 21-2680) in June 2016. This report documents the Veteran’s spouse’s hypertension, osteoarthritis, heart disease, pulmonary embolism, diabetes mellitus, rheumatoid arthritis, and obesity. The osteoarthritis and rheumatoid arthritis were noted to cause restrictions in activity and an unsteady gait. The Veteran’s spouse was not noted as bedridden and it was indicated she is able to feed herself, but needs assistance preparing meals, as well as standing, bending or reaching. The physician confirmed that the Veteran’s spouse is not blind and does not require nursing home care, medication management, or any need for assistance with financial affairs. The physician noted that the Veteran’s spouse is unable to ambulate independently and is wheelchair bound, which caused it to be taxing to leave home. This physician suggested that the Veteran’s spouse should be in a rehabilitation facility; however, there is no indication that she has gone to any such facility."

And:

"In March 2017, another private physician submitted a VA Form 21-2680.  The same medical conditions were noted at this time.  This physician indicated that the Veteran’s spouse has difficulty standing and walking, and has her activities limited by her diabetes, arthritis, difficulty ambulating, as well as hyperlipidemia.  The Veteran’s spouse was again observed to be in a wheelchair.  This physician also noted that the Veteran’s spouse required no assistance to feed herself but needed help to prepare meals.  She also was noted to need assistance bathing herself and this physician suggested she is in need of nursing home care and medication management.  However, there was no discussion of the basis for this conclusion.  The Veteran’s spouse was again confirmed as not blind and as able to manage her own financial affairs.  The physician noted the upper and lower extremities are limited by rheumatoid arthritis and the ability to ambulate on her own is limited by the rheumatoid arthritis and obesity.  The physician suggested that the Veteran’s spouse can leave the home for doctor visits as needed, but that she needs assistance.  

Additional records were submitted in April 2018 suggesting the Veteran’s spouse had been hospitalized in June 2017 and discharged home with periodic home care.  The home care instructions noted help was needed to prepare food and assistance needed for bed mobility, locomotion, dressing, toileting, hygiene, and bathing.  The frequency was not noted, but the billing documents submitted do indicate that this was not a daily home visit, but, rather, periodic. "

And

"Given the above, the preponderance of the evidence is against the Veteran’s claim of entitlement to aid and attendance benefits for the Veteran’s spouse.  There is no reasonable doubt to be resolved, and the claim must be denied.  See 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102; see also Gilbert v. Derwinski, 1 Vet. App. 49 (1990).

 

Given the above, the preponderance of the evidence is against the Veteran’s claim of entitlement to aid and attendance benefits for the Veteran’s spouse.  There is no reasonable doubt to be resolved, and the claim must be denied.  See 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102; see also Gilbert v. Derwinski, 1 Vet. App. 49 (1990)."

The whole decision has to be read r those excerpts to make sense.

https://www.va.gov/vetapp20/files2/20013243.txt

The form is for a Doctor to fill out, as Chris Attig,vet lawyer, states on his site. Not for the veteran or the spouse to fill out but it has to be made clear that the doctor is filling it out for the spouse-

if the 21-2680 does not clarify that.

I learned a lot from this today-    am  glad we have this info her if anyone else needs this info.

 

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Posted (edited)

Ms Berta

My spouse has so many disability's  it ain't funny, her most serious disability is heart desease she had tripple by pass heart surgery and takes a lot of meds for that...that's just one disability, she has 3 Back surgeries and no more surgeries will help,  nothing more than can do, he spine is like mush, she has osteoporosis very bad in spine and legs, she has seizures and takes Meds for that  she has Neurpophy very bad and takes med's for that she can barley walk and when she does she needs her walke.

r  Dr's have said she don't need to be walking &  there's not mush they can do for her disability's  and this is just half of them she can barley Feed herself ,she is strong wiled and don't want any one feeding her  as long as she can raise her hand..she has problems even with that  but she refuses the help from me , I help her transfer from wheel chair to another chair and I need to walk with her when she walks on her walker  she needs help getting dressed and mother nature needs  she has falling serverl times and always breaks a bone some place ,last time it was her hip she fell backwards on her right hip and broke it  she has fell forwards and broke her arm/hand, she has broke her both feet from falling backwards and her weight pushed her legs until both feet broke   , she can't cook no longer she can't raise the pots and pans on the stove or casserole dishes  they are just to heavy for her..she probably takes about 50 different medications and that's putting it light she sees a pain Dr bi-weekly for those deep injections in her back  they have to put her to sleep  and she is just getting worse and worse  this is why I am asking VA to help.

to pay someone to come in and help...we use my check to live on  and right now were homeless looking for a new place to live  we moved to down size and hopefully live more comfortable  we don't need a 3,000 sq ft house anymore  this is why we sold it , plus I never got along with the H.O.A. President.  he is just a plain Jerk

This is why were homeless the sell of the house went faster than we Anticipated and caught our son remodeling his home  we had thought we would have time to get out and stay with him until we find another place...we should get to stay at my son house the end of this week and were looking for a new house  and move in it and stay put. 

My spouse has 3 different Dr's and has letters from each Dr describing her disability's  but I don't meet the eligibility requirements for the A&A. She is 66 and looks older much older  I am older than her by 2 years 68 and were both hopping around like a chicken with its head cut off...its a mess here and this is why I am asking the VA for Help  to pay someone to come in and help us.  it takes all we got coming in to live.

so maybe this down sizeing will help some.

Edited by Buck52

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Posted (edited)

Buck, "If you rely upon VA employees to corretly understand or interpret VA regulations" its my opinion you will often be disappointed.  

THIS is precisely WHY the BVA awards or remands 75 percent of the appeals, according to the BVA chairmans report for year 2019.  

Rating specialists have little, if any legal training..and they are trained (if they are trained at all) by people who also have little or no legal training.  

You will likely, as usual, need to appeal this.  If you think your wife needs A and A, I recommend you fight for this.  

As Berta suggested have her doctor fill out the form she suggested. 

A few years or so ago, another VEteran on hadit indicated he won A and A for spouse, but I dont recall who it was.  

Quote

I have never gotten a single penny from VA without an appeal.  Not one penny.  Ever.   I even have to fight them for dependents benefits, and this is "even when" the CAVC already decided this!  The VA wants you to give up.  Someone said only about 10 to 20 percent of claims are approved on first go around without appeals.  Even of the 10 to 20 percent, its still often a lowball, or at the wrong effective date, so most of the time you have to appeal everything.  

If I felt my wife deserved/needed A and A, I would fight for it, just like I have had to fight VA for all the rest of my benefits.  

Edited by broncovet

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Buck- have at least one of her doctor's fill out and sign the form-

"My spouse has 3 different Dr's and has letters from each Dr describing her disability's  but I don't meet the eligibility requirements for the A&A."

The cardio doctor might be the best bet- and he/she should have  copies available and refer to them hopefully on the other medical statements you have.

But Better yet why not send copies of the form to all of them. I sure would,if I needed this benefit.

Or get one doctor to sign it and then send VA a cover letter with it ( make copies of everything you send to the VA and get proof of mailing if you cant do this at ebenefits , or va.gov-) stating you have enclosed evidence from her two other doctors , as well, to support the claim.

You do not have to meet the A & A eligibility requirements for the spouse's A & A request.

I think the purpose of A & A is to have enough extra money in your compensation amount to have someone come into the home and help her, and to be paid for it via the extra A & A amount.

 

 

 

 

 

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Yes I will certainly do this..as soon as I can , right now things are a little turn upside down ...but I agree I need to send in these letters as her evidence. to help with the claim.  if she holds out through all this mess were in right now  and we get moved into another house  and I have a permanent Address Will get the ball rolling.

Thank you Ms Berta

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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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      • 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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