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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.
      • 2 replies
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Buck52

VA Schedule Appointments that your Dr Cancels?

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My VA MH Dr called me and said she had to cancel my appointment on July- 2- 2020 11:00 AM because she had a Dr Appointment came up unexpected on July 2nd  and she had to see her Dr on my Appointment date.

When she called me to cancel my VA Appointment with her I ask her if she would cancel my appointment to show the Clinic Cancel it,  BECAUSE  I do not won't to be showed a ''NO SHOW''she said she would.  THIS WAS A WEEK AGO OR SO

Well they still show I have this appointment  July 2nd..its the Virtual Tele Health Scheduled Appointment. After this date >>.if it says NO Show'' THATS NOT MY FAULT and makes me look bad.

My question to any of you member's  is ...> Since the Dr obviously forgot to have it canceled by the clinic,  should I call the clinic and ask them to show the clinic canceled it? or just wait to see what they say  if I was a NO SHOW or not?

This is not the first time this has happened  and its giving me a bad reputation as a no show.

  I keep all my appointments  never once have I canceled a scheduled appointment in the  last 40 years plus have I NEVER missed an appointment with the VA.

These no shows can cause a veteran problems getting appointment's on down the road  and VA is my only health care provider.

Anyone???

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Yes, its happened to me, probably 4 or 5 times in the past 12 years.  

My advice?  

Its a "nothing burger" with cheese and fries.  

Dont worry about it!  Frankly, "I dont give a rip" if there are people in the VA, or elsewhere, who "believe" (in error), that I cancelled an appointment, when, in fact, it was VA.  

Oh, and the "cheese and fries" is that "IF" the VA even tried to reduce me on that bases, you can keep a log of it and show them its not true.  MMMMMM---Wendy's anyone?  (My favorite fries).  

 

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Buck, probably Bronc's advise is  correct. It won't mean anything. We now have an option to use ebenefits to make, cancel, and reschedule in some VAMC. I always want to talk to a real person myself but I imagine you can post a reschedule there for a new request date (and show a comment.) But one thing I know you can do to cover yourself: use ebenefits to send a secure message to your doc. Something like " doc, just confirming our discussion on xxx, we agreed to reschedule our video conference scheduled for xxx at xxx. Just a reminder you were going to make a comment that it was agreed to before hand, and it wouldn't show as my missing a appointment." Make a hard copy. They are supposed to respond in max of 3 days. Make a copy of that too. No worries; it's probably an oversite on her part.

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Well I still don't won't to be a no show for my appointment   because I planed on making it.

Maybe other VAMC are different  but mine if your a no show more than 3 times in a year  or cancel your own appointment, it makes it that much harder to make an appointment when you need one, they see you labeled as a NO SHOW and can make excuses not to give you an appointment  other than like 6 months out  they may say well the only time slot I am showing is 6 months from now, they do this all the time  but with this covid -19  it might make a difference  if my Dr was diagnose with the coronavirus?

I will call my MH Clinic and ask the clerk to put the cancellation as a clinic canceled by the Clinic.

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Ok.   I like to keep my gas tank "above" 1/2 full.  That way, I never run out of gas.  

However, you can go to far the other way, too...insisting on a fillup when you have only used a gallon or so.  

Your "3 strikes and your out" with appointments reminds me of this.  If they have "thrown you a strike", well dont ignore it, but you still have 2 more to go.  

When I got my knee replacement, wifey had to care for me.  She also had to drive for about 6 weeks.   We kinda reached a compromise on the gas..I got her to fill up at 1/3 of a tank.  That way, we never ran out of gas, but she didnt have to fill the tank every 3 days.  

Im not worried about "one strike" when I still have 2 more.  

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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)
        • 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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