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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.
      • 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.
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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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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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Posted (edited)

OK  these are the combined ratings you posted  for  the different years awarded you.=on year and month.

1. on 5-01-2009  you were rated 10%

2. On 6-27-2000  you were rated 0%

3. on 6-27-2000  you were rated 10%

4. on 1-01-2011 you were rated 50%

5. on 2-23-2010 you were rated 70%

6. on  10-16-2014 you were rated 20%

7. on 5-01-2009 you were rated 50%

Now these all add up to a 95.5 % which anything above 95% goes to the 100%

So your actually 100% for all these disability's but you was not 100% all these years on these rating because of the dates, however once you were rated for all  these  each year cola comes around  to increase these %'s  that you have..so your going to have to figure out of all these disability ratings  which one brought you up to the 100%  

I am thinking (just thinking now) it had to be the last 50% rating you was awarded back in 05-01-2009   from that date is when your owed back pay  for the other half of the 100%  minus what you already been paid through out the years  on these other disability's

Now if they paid you each year for the cola raises we get (some years we don't get cola raises)  then your going to need to go back on all these dates and see how much the cola pay was for that particular year?  because they usually add that in on Jan 31 of each year  your beginning pay for that year  which is  January .

Your 100% for all these Combined ratings...so where is the extra 60% you need for the SMC-S Home-bound? separate  &  distinct  disability RATED 60% OR HIGHER?

Not sure what  SMC K your getting?  it could be smc k which is usually a 0% rating but service connected. for E.D. it carry's about a 138,00 month added into your monthly pay.....if the SMC-K Your getting is for loss of use then you will need to find what that SMC K is paying you monthly for? for that disability?

If your asking will you get retro pay from the 100%  no you won't because they already been paying you for those    with the dates you were awarded.

And again I may not be understanding your question? 

other members will chime in here.

Edited by Buck52

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As you can see its a complicated mess to figure out because you have to pin -point when they started paying you for these disability's usually from the date you won but now to get a EED they can pay you back further ..EED dates is entitled to when you first filed  or the facts found  which ever date is later..but it is in the veterans burden to prove it.  you do that by getting all your award letters & records and reading them what the rating sheet says your entitlement is..  you go by your entitlement date  unless you have records to prove other wise.

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1 hour ago, Buck52 said:

OK  these are the combined ratings you posted  for  the different years awarded you.=on year and month.

1. on 5-01-2009  you were rated 10%

2. On 6-27-2000  you were rated 0%

3. on 6-27-2000  you were rated 10%

4. on 1-01-2011 you were rated 50%

5. on 2-23-2010 you were rated 70%

6. on  10-16-2014 you were rated 20%

7. on 5-01-2009 you were rated 50%

Now these all add up to a 95.5 % which anything above 95% goes to the 100%

So your actually 100% for all these disability's but you was not 100% all these years on these rating because of the dates, however once you were rated for all  these  each year cola comes around  to increase these %'s  that you have..so your going to have to figure out of all these disability ratings  which one brought you up to the 100%  

I am thinking (just thinking now) it had to be the last 50% rating you was awarded back in 05-01-2009   from that date is when your owed back pay  for the other half of the 100%  minus what you already been paid through out the years  on these other disability's

Now if they paid you each year for the cola raises we get (some years we don't get cola raises)  then your going to need to go back on all these dates and see how much the cola pay was for that particular year?  because they usually add that in on Jan 31 of each year  your beginning pay for that year  which is  January .

Your 100% for all these Combined ratings...so where is the extra 60% you need for the SMC-S Home-bound? separate  &  distinct  disability RATED 60% OR HIGHER?

Not sure what  SMC K your getting?  it could be smc k which is usually a 0% rating but service connected. for E.D. it carry's about a 138,00 month added into your monthly pay.....if the SMC-K Your getting is for loss of use then you will need to find what that SMC K is paying you monthly for? for that disability?

If your asking will you get retro pay from the 100%  no you won't because they already been paying you for those    with the dates you were awarded.

And again I may not be understanding your question? 

other members will chime in here.

Thank you for the clarity, Yes I have been paid 100% and SMC K  $138.00 monthly but it wasn't  p&T for a while.  I had a RFE on June 9,2020 and #4 was increased from 50% to 100% and made my 100 combine rating P&T now and I guess I will be getting the SMC S for it as well. Again thank you for clarity I can of knew I wouldn't be so luck to get the retro for the increase on one disability if I was already being paid at 100% overall rating. 

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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)
        • Like
      • 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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