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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)
      • 4 replies
    • Wonderful news way to hang in. I hope this gives you some well deserved peace. 
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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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Berta

How does this Happen????

Recommended Posts

"Fayetteville Man Pleads Guilty to Obtaining VA Benefits through Fraud
WINSTON-SALEM, N.C. - Matthew G.T. Martin, United States Attorney for the Middle District of North Carolina, announced today that WILLIE DOSHER CAIN pleaded guilty to a felony count of theft of government funds related to healthcare fraud.

CAIN, age 73, of Fayetteville, N.C., pleaded guilty before Chief United States District Judge Thomas D. Schroeder in federal court in Winston-Salem, to one count of theft of government funds, in violation of 18 U.S.C. § 641. CAIN also agreed to the forfeiture of $155,041.30, a condominium located in Carolina Beach, a Toyota Sienna van, and a mobility scooter.

According to documents filed with the court, CAIN, a US Army and Fayetteville Police Department veteran, represented to the VA that as a result of shrapnel wounds sustained in Vietnam in 1965, he had suffered the loss of use of both legs, as well as loss of bowel and bladder control, that he was unable to perform daily activities such as dressing and bathing without assistance, and that he was dependent on a wheelchair or motorized scooter for mobility. Filed documents further state, however, that CAIN in fact maintained an active lifestyle throughout this time, including working as a firearms and concealed carry instructor, enjoying beach activities, playing basketball, dancing, and attending social events. He also bought a condominium at Carolina Beach on the third floor of a building which had no elevator. The investigation revealed that as a result of his false claims, CAIN received hundreds of thousands of dollars of VA benefits to which he was not entitled, in the form of direct payments for aid and attendance, modifications to his home, and the purchase and adaptation of vehicles.

The defendant faces a maximum penalty of ten years imprisonment, a fine of up to $250,000, or both, and a term of supervised release of not more than three years. Sentencing will occur in Winston-Salem on September 29, 2020 at 09:30am.

The case was investigated by the Veterans Affairs – Office of the Inspector General. The case was prosecuted by Assistant United States Attorneys Frank J. Chut, Jr. and Meredith Ruggles."

 

###

I just don't get it-VA will often give a valid VA claimant a lot of heartache and work to do , to prove their SC disabilities, but from time to time, some vets get away with manipulating the system,  and I bet many of them do not get caught.

I think this vet has some inside help.......because I do not see how he could have possibly fooled the VA so much.

I wonder what even triggered this investigation.......maybe someone reported him to the IG for fraud.

 

https://www.justice.gov/usao-mdnc/pr/fayetteville-man-pleads-guilty-obtaining-va-benefits-through-fraud

 

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Posted (edited)

Geez..I thought that was bad but this one is even worse:

"Attorney Misconduct, Inadequate Supervision, and Mismanagement in the Office of General Counsel"

   BTW this resulted from a White House Hot Line complaint.

https://www.va.gov/oig/pubs/VAOIG-18-06501-158.pdf

WH hot line complaints- 

Be well prepared to clearly state your issue and the evidence for it.

I asked for a read back from what they typed, for my complaint....to make sure they got the point ( they did)

White House Hot Line for Veterans ( and survivors)

1-855-948-2311

 

 

Edited by Berta
added more

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Berta I noticed on your bio that you are "SVR Radio Panelist." What is that?

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At least 15-16 years ago Jerrol Cook ( Hadit Radio Podcast) produced the SVR show via a radio station in Iowa.

I was with him on most of those weekly shows and interviewed many vet lawyers , Doug Rosinski and Bob Walsh , Congressman Bob Filner when he was Chairman of the House  Veterans Affairs Committee, and I interviewed Dr. Bash there many times, and I was also the Guest who Jerrol interviewed- and we talked about all things- VA. We left that station and hadit member Mike Sasser ( "Stretch") now deceased, started up our own radio station.He didn't want any money for it and said it only cost a few hundred bucks, and he also paid for the 800# call in line.

Jbasser joined us and Kurt Priessman (deceased)and member James Cripps I think was on those older SVR show.

I asked Jerrol What SVR meant and he said "Surviving Veteran's Resolve." He said he didnt know what that really meant. We both laughed because he pulled that out of a hat just  to name the show. After that he came to hadit with the Podcast and now is involved with a show called "Exposed Veterans" I think the link is here.somewhere or googleable.

He means vets who were exposed to all sorts of chemical and environmental hazards.He asked me to be a guest but I don't have time these days.It took some time for me to fuinf guests, and to interview the guests ahead of time ( for their speech patterns etc.and ask them if they would talk loudly for the show due to HL vets) and see how I we could shape the shows format-Vietnam, GW,  Project 112, AO, DIC , EED etc etc .

I think the Exposed Vet shows are about many other vet claims issues as well.

 

 

 

 

 

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Ms Berta

Due to the fact that Jerald and John is not with us anymore and have their own radio show now with Alex as their guest host,

  Have you ever gave it a thought to hook up with Ms T and produce another hadit podcast radio show and you be the host?

 I miss that show.usually on Thursday Evenings at 7:00 pm  6;00 pm central 

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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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