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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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lmtanner1972

Paid at 100% Back pay for increase of disability

Question

My total Combine rate is 100%,   one of my disabilities was increased from 50% to 100% , will I get back pay for this increased disability. 

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There are 2 ways to get SMC S (housebound).  As Buck mentioned if you have a "single 100 percent rating" plus additional ratings which combine to 60 percent or more, seperate and distinct, you are entitled to "statuatory" housbound.  It amounts to about $370 per month additonal.   So, if you meet this criteria, you should get retro pay.

You can also get housebound (SMC S) based on you being "substantially confined" to your home, an opinion which is normally given by your doctor.  

SMC S (housebound) is just "one" of many ways to get additional compensation for Veterans with 100 percent.  You can get SMC for  "loss of use" for hands, feet, blindness, etc., and these can be combined for even greater compensation.  

Its a common myth that VSO's often spout that "once you get to 100 percent" you are maxed out, you cant get more".  Its not true at all.  

Here are official VA compensation rates and what they are for:

https://www.va.gov/disability/compensation-rates/special-monthly-compensation-rates/

At the highest level, they go over $9000 per month.  

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You are now eligible for the additional VA SMC rating, if you don't already receive it.
It all depends upon how this increase came about.
Generally the answer is NO.
Only if you filed for a CUE back to the original date of your SC disability?
Now is the time for you to join one of the many SC 100% P+T groups on FB.

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2 hours ago, Longfellow said:

You are now eligible for the additional VA SMC rating, if you don't already receive it.
It all depends upon how this increase came about.
Generally the answer is NO.
Only if you filed for a CUE back to the original date of your SC disability?
Now is the time for you to join one of the many SC 100% P+T groups on FB.

 

Longfellow Unfortunately this is wrong

To be eligible for SMC a Veteran will need a 100%Scheduler  rating  or a combined rating for 100% or inferred the TDIU  And also have a separate  & distinct rating at 60%  to be eligible for SMC

 

lmtanner1972

yes you should get an increase rating and from the date you first applied for the increase until you were Awarded the increase ,''

if it took you 1 year from the date you first filed for the increase  you should get a years retro on the difference  from what you already been paid. if you were 50%  and you got a 100& rating the difference from  the 50% you should get paid the other 50% which is a higher rate.  yes you should get some retro.

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8 minutes ago, Buck52 said:

Longfellow Unfortunately this is wrong

To be eligible for SMC a Veteran will need a 100%Scheduler  rating  or a combined rating for 100% or inferred the TDIU  And also have a separate  & distinct rating at 60%  to be eligible for SMC

 

lmtanner1972

yes you should get an increase rating and from the date you first applied for the increase until you were Awarded the increase ,''

if it took you 1 year from the date you first filed for the increase  you should get a years retro on the difference  from what you already been paid. if you were 50%  and you got a 100& rating the difference from  the 50% you should get paid the other 50% which is a higher rate.  yes you should get some retro.

Thank you, for going a little deeper into the SMC subject matter, Buck52.  ie. 100% plus another disability rating at 60% or more.

lmtanner1972 did write: 

3 hours ago, lmtanner1972 said:

one of my disabilities was increased from 50% to 100%

I interpreted lmtanner1972 as having other disabilities that may be 50% or more.  I thought he was  also asking if he will get retroactive VA disability pay back to his initial filing?
IDK, maybe or maybe not! It depends on what was written in his NOD?

It's extremely difficult to give an accurate assessment without seeing what all of his current SC VA disability ratings. He may also be eligible for A&A.  Hence the reason I mention joining Veteran 100% SC disability groups on Face Book. In one of those groups he would be able to take a screen shot, then redact his VA award letter, and post it to get a more accurate assessment from other VA SMC Veterans with similar SC disabilities.

I'm rated at SMC now. Although my total VA SC disabilities add up to 370%.
I'm before the BVA now waiting for the VLJ to make a clarification from the previous inept VARO remand decisions. I wish I would have filed a claim with the VA when I was discharged in the 70's. But, because I prescribed only Fiorinal by the USAF exit exam evaluating NP and was told I had to be missing arms or legs to get any VA benefits.

Similar to AskNod, I finally woke up to the false and misleading information given at discharge and from VSO's along the way. I initially filed my 1st VA SC disability claim back in 'January of 99. I'm still on the VA hamster wheel sorting out the previous inaccurate VARO ratings and waiting for CUE retro pay.  It should all coalesce by this October - November time frame.

Good Luck to all with their VA travails!

 

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8 hours ago, Longfellow said:

Thank you, for going a little deeper into the SMC subject matter, Buck52.  ie. 100% plus another disability rating at 60% or more.

lmtanner1972 did write: 

I interpreted lmtanner1972 as having other disabilities that may be 50% or more.  I thought he was  also asking if he will get retroactive VA disability pay back to his initial filing?
IDK, maybe or maybe not! It depends on what was written in his NOD?

It's extremely difficult to give an accurate assessment without seeing what all of his current SC VA disability ratings. He may also be eligible for A&A.  Hence the reason I mention joining Veteran 100% SC disability groups on Face Book. In one of those groups he would be able to take a screen shot, then redact his VA award letter, and post it to get a more accurate assessment from other VA SMC Veterans with similar SC disabilities.

I'm rated at SMC now. Although my total VA SC disabilities add up to 370%.
I'm before the BVA now waiting for the VLJ to make a clarification from the previous inept VARO remand decisions. I wish I would have filed a claim with the VA when I was discharged in the 70's. But, because I prescribed only Fiorinal by the USAF exit exam evaluating NP and was told I had to be missing arms or legs to get any VA benefits.

Similar to AskNod, I finally woke up to the false and misleading information given at discharge and from VSO's along the way. I initially filed my 1st VA SC disability claim back in 'January of 99. I'm still on the VA hamster wheel sorting out the previous inaccurate VARO ratings and waiting for CUE retro pay.  It should all coalesce by this October - November time frame.

Good Luck to all with their VA travails!

 

 

10 hours ago, Buck52 said:

Longfellow Unfortunately this is wrong

To be eligible for SMC a Veteran will need a 100%Scheduler  rating  or a combined rating for 100% or inferred the TDIU  And also have a separate  & distinct rating at 60%  to be eligible for SMC

 

lmtanner1972

yes you should get an increase rating and from the date you first applied for the increase until you were Awarded the increase ,''

if it took you 1 year from the date you first filed for the increase  you should get a years retro on the difference  from what you already been paid. if you were 50%  and you got a 100& rating the difference from  the 50% you should get paid the other 50% which is a higher rate.  yes you should get some retro.

This is what my disabilities look like, I was already paid at a 100% total combine rating with SMC K-1 since 2010. The SMC that I'm paid for has increased from 50% to 100% this is why I was wondering if I was going to receive back pay. Thank you all for help me out so quickly. 

Entitled to special monthly compensation under 38 U.S.C. 1114, subsection (s) and 38 CFR 3.350(i) on account of Status Post Bilateral Salpingo-Oophorectomy with Chronic Pelvic Pain (claimed as Incomplete Cervix and Menstrual Disorder due to Pelvic Pain) rated 100 percent and additional service-connected disability of Major Depressive Disorder, independently ratable at 60 percent or more from09/02/2010 to 01/01/2011. Rating Date : 06/12/2020

degenerative disc disease, lumbar spine 10% Service Connected   05/01/2009
Hallux Valgus with Bunion, Left Foot 0% Service Connected

Predischarge Exam

06/27/2000
Hallux Valgus, Right Foot, Status-Post Bunionectomy 10% Service Connected

Predischarge Exam

06/27/2000
         
         
Status Post Bilateral Salpingo-Oophorectomy with Chronic Pelvic Pain (claimed as Incompetent Cervix and Menstrual Disorder due to Pelvic Pain) 50% Service Connected   01/01/2011

major depressive disorder

70% Service Connected   02/23/2010

urinary incontinence

20% Service Connected   10/16/2014
         
Migraine Headaches 50% Service Connected   05/01/2009
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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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