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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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    • 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.
      • 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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MarineLCpl

New Claim Appeared Automatically

Question

I logged into my VA.gov account today and noticed it said there was a claim for compensation started. I never filed a claim on my end. I’m not sure if it’s just coincidence, but there’s a few things that strike me. 
 

The claim is dated for today(June 30th, 2020). My last claim was July 1st, 2015 which was a re-evaluation. I was called for a C&P exam back then, can’t remember if it was before or after this date. 
 

So it’s been almost 5 years exactly, do you think this was automatically triggered by the VA to do a re-evaluation of my current status? I honestly can’t think of anything else it could be. 
 

One last thing, I submitted my taxes this morning also. I’m currently rated at 80%, but getting paid for TDIU. On my taxes, the only income there was to report was around 2k in hobby income, in which my expenses almost matched(few hundred dollars shy, I believe). 
 

I know I shouldn’t be as worried as I am, but the paranoia in me says that they saw this tiny bit of earned income and requested a re-eval. I can’t say for sure, the status of my generated claim says they’re still adding details and to check back. 
 

Any ideas or info on the matter is appreciated 🙂 

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Posted (edited)

They wont have seen that income that fast. Until the irs finished with it va wouldn’t even see it because it wouldn’t be income until after expenses were figured up (as you say it).  It could be a 5 year, that’s the most likely. They aren’t going after iu for your hobby income. 

Edited by brokensoldier244th

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2 minutes ago, brokensoldier244th said:

They working have seen that income that fast. Until the irs finished with it va wouldn’t even see it because it wouldn’t be income until after expenses were figured up (as you say it).  It could be a 5 year, that’s the most likely. They aren’t going after iu for your hobby income. 

Well that’s good to know at least. Everything points to it being a 5-year then. Just hope I don’t have to do another C&P, those things make me beyond nervous. Hoping they just look at my treatment records. About a year and a half ago, I returned to the VA seeking treatment and now see a social worker for therapy and psych doc for meds. I recently looked over a few sessions worth of notes from the therapist and it scares me how she words things. Out of everything I tell her, I feel she makes it a point to only document the things I’m doing better with...so in my notes, it’s like “He’s doing better with this, he’s doing better with that” but in the grand scheme of things, I’m not much better in general. I feel like they’ll read these notes while reviewing my file and say “Hey, it’s looks like he’s doing better, C&P TIME!” 
 

It really sucks having to explain myself like I do every 5 years. All of my service connections have passed the 10-year mark, so they have some protections, but the anxiety of the whole situation eats at me until it’s all said and done...

They should be able to see by now that I have not gotten significantly better over a decade and my conditions are static, regardless of the slight improvements I make here and there in specific areas.
 

STRESSFUL!!!

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Its not necessarily a 5 year exam, tho I agree that is possible.  Also possible:  If you have a representative, he may have looked at your file and submitted a claim in your behalf.  It would not be the first time, especially if you are already SC, and gave them your POA.  

Finally, there are rules about "inferred" claims.  One example:  You get 100 plus 60 combined.  Its an "inferred" claim for SMC S.  

Its even possible a VA employee went through your file and "noticed" there was an issue you did not file for, but he felt you qualified for an "informal claim" because you had a doc visit BEFORE March 24, 2015, and told the doctor, you were unemployed and could not get a job.  

 

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This (inferred claim) is also possible.As much as some like to bash on VA employees, there are a lot of us that actually try to help veterans within the constraints that we are saddled with. 

I have caught 3 errors this week that caused 2 claims to wait for over 2 months for exams (due to covid) that they didnt need because I found buried on page 100-whatever of their medical records entries (in one case) for something they were already 0% SVC connected for, making the claim not a NEW claim but a simple increase request, and they had evidence already of record. I was able to change it from 'pending exams' to RFD and have it rated that day. In another, I waved off a veteran from applying for a job (that I had seen in their phone weekly checkin notes on their VAMC records) because I could see that they had a pending approval for IU that they hadn't gotten the letter for, yet. So I emailed them. I explained IU and told them it was their choice, but I felt they should have all the information before making the decision to take a job because they needed one economically and it was causing them a lot of stress and anxiety. 

 

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Thank you Broken for watching out for your brothers and sisters where you can. The VA needs more like you. To be objective, in my personal experience, over the last 10 years I have notice a big improvement in the way the VA treats me. The VA Health side has certainly improved; I have had several surgeries and have nothing to say bad about that side of the house. Had a great advocate in my GP. VA Benefits; not so great, but I do think they are getting better in some areas. The patients' surveys confirm that we are mostly satisfied with their performance in health care, and you find fewer and fewer jerks to deal with on the benefits side. But, there are still some you run into, here and there. So it's up to the veteran to put the effort into doing their claims thoroughly and completely. That's why Hadit is so important in helping get it right. I bet the veteran you contacted about IU couldn't believe you went out of your way to offer advise; must have been special. Doesn't fit the old VA model.Anyway, keep up the good work.

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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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