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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Most Common VA Disabilities Claimed for Compensation:   

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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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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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SIMS A1C Retired

Fugitive felon status and overpayments

Question

Posted (edited)

in 1999 I was indicted in Oregon and because my court documents were marked "hold in confidence" I was not informed of any pending warrants . I have direct deposit, was in prison in washington , VA and SS have my phone number and addresses . I simply had no knowledge I was in "fugitive status" for 11 1/2 years thus resulting in an $176,000 VA overpayment which I've made 93 payments of $500... I have resolved the warrant resulting in spending 5 days in jail. How or why would any agency especially the VA allow this overpayment to go on so long? THEY obviously had the knowledge of my status. This has literally destroyed my life as well as taken my confidence in a secure future and threw it away. I feel punished for being a vet

I know it's all confusing but please, anyone, guide me in the right direction

thank you

Edited by SIMS A1C Retired
Added more helpful info

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Was it a felony warrant? (probably not, for only 5 days, right)?  I know that we get notified via federal database cross checking for felony things. For example, I had a veteran that spent 20 days in jail for something, and we got an automatic notification from a database that indicated the veteran *MIGHT* be subject to overpayment, and to monitor accordingly because it was a felony warrant. He was out before the timeline date for reduction kicked in so there was no need to do anything. 

If your warrant wasn't federal, though, I dont know if VA is notified automatically. It could be that they got new information developed that said you were incarcerated on a warrant but Ive only seen 1 case of it and I don't know the ins and outs of how it works. 

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Posted (edited)

I believe after 60- 90 days if a veteran is still incarcerated he should not spend the VA $$$ that is sent to his direct-deposit from the VA.

  if he does he will or maybe be required to pay it all back,  maybe such as your case?

so if you were in prison for 11 years   why did you spend the VA $$ ?  IF YOU  HAD LEFT IT ALONE it may have drew interest and you would had the money to pay it back. but as they say hine sight is 20/20

 Now being in prison don't stop your compensation  for good after you get released you can reapply for your benefits  as I understand it.

but if they say pay back the  compensation for those years you were incarcerated  you more than likely have to pay that back. (jmo)

Notify the VA of Jail Sentence

Make sure you notify the VA when you go to jail. Otherwise, any payments of disability compensation over 10% and any pension payments made to you will be considered overpayments. You will have to pay this money back to the VA. Basically, after you get out of jail, the VA will withhold your monthly check until the full amount of the overpayment has been satisfied.

It is much better to tell the VA you are in jail and let your family receive the money until your release. Once you notify the VA of your release, the full amount of your benefits will again be paid to you directly.

OTHER  MEMBERS MAY CHIME IN HERE.

Edited by Buck52

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So let me understand this.  You had a warrant and had no idea of it?  Or did you just not report in or go to court like the paperwork stated?  I know normally if you get a ticket of whatever nature it is there are instruction along with what you have to do.  Any time there is a bench warrant they will inform you at you legal residence.  It sounds like you need to ask a lawyer a few questions, because without that Felony status being removed it sounds like they will keep coming after you!  

I know I had a ticket before joining the service and the judge ripped me a new one for not showing up.  He was like it was $300 bucks why did you not pay it?  it is was just $60 if i would have taken care of it.  When you let legal things fester they only get worse.  

In this case it sounds like you need to talk to someone about the law and see if you can ask for some sympathy or something.

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If You Are a Fugitive Felon

You are a fugitive felon if you flee to avoid prosecution or imprisonment for a felony or if you violate your probation or parole terms. Fugitive felons cannot receive any cash benefits from the VA, and nor can their families. Types of benefits that are restricted include disability compensation, pension, education benefits, life insurance, and medical care. Families do not have the option of receiving apportioned benefits after you flee.

After you stop being a fugitive felon, you and your family are again eligible for receipt of cash benefits. You stop being a fugitive felon after your outstanding warrant is cleared by:

arrest

surrender

dismissal of charges, or

court document showing you are no longer a fugitive.

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You can be "wanted" (but not active) in one place and incarcerated in another at the same time.  Counties, States, etc. do this all the time.  We had a guy we wanted for shooting a local during a robbery, and after finding him in prison in another state, we waited one month short of 7 years, statute of limitations, before we charged him.  I.e., we let the other state pay for his incarceration for the first 7 years of his now 14 year sentence.

All comes down to money,

Hamslice

In this case, I believe its the, incarceration, not the felony warrant, that's his problem.  I think you lose your compensation when you are in jail, and they, the VA, want their money back.  If he got a sharp VA lawyer, he might be able to turn some of that debt into dependent comp, but that might have flew the coop by now.

  

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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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