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JUST SAW THIS ON MY VA.GOV
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By cavscout1967
Hello, I received a letter from the VA stating they propose to reduce my disability pay down to zero so that 12k in voluntary separation pay will be satisfied. However, I have already paid that. In 1997 I was awarded 10% and told in that award letter that the VA will withhold all payments until the 12k is satisfied. Lo and behold in 2008 I began receiving 10% checks. Now in 2020 I get this proposal because I never paid it according to them. I believe that this is related as to why. I am part of the EXCEPTION GROUP as I repaid prior to this software implementation. This is scaring the crap out of my wife and I and we rely on this money and it is now much higher than 10%. Has anyone seen this before? Advice?
III.v.4.B.1.d. Determining Whether VA Has Already Recouped Separation Benefits a Veteran Received
Before establishing a withholding to recoup a Veteran’s separation benefit, check the corporate record (by clicking on the MILITARY button in Share and selecting the MILITARY PAYMENTS tab) to ensure VA has not already completed recoupment. If the corporate record shows recoupment is complete, claims processors must ensure the amount of benefits VA recouped matches the amount of the separation benefit the Veteran received. If they do not match, treat the separation benefit currently at issue as unrecouped. Exception: If VA completed its recoupment of a Veteran’s separation benefit in the Benefits Delivery Network (BDN) (prior to conversion to VETSNET), such recoupment will not be evident in Share. -
By broncovet
These begin Dec. 1, and the first day we should get the new compensation rates is Jan. 1, 2021. (VA comp is paid in arrears, so it starts Dec. 1 and you get the new pay rates on Jan. 1)
https://www.va.gov/disability/compensation-rates/veteran-rates/
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By broncovet
Often, you can get free legal advice, here. NVLSP is a nationwide program (non profit) that helps Veterans with legal needs. Things like Nehmer Vets, (normally Vietnam Veterans), discharge upgrades, and Veterans appeals to the CAVC are some of the things they often do. You need a DD214, they screen out "fake" wannabe Veterans.
https://www.nvlsp.org/what-we-do/lawyers-serving-warriors
Importantly, also, IF YOU HAVE A RECENT BVA DENIAL (120 days) you can usually take your pick of a NOVA attorney to represent you at the CAVC and EAJA pays the fees. Be sure and discuss this with your potential attorney, their fee plans vary. Since EAJA pays the fees, its no cost to you.
Many attorneys, if they think your BVA denial is wrong, will accept payment EXCLUSIVELY from EAJA, you pay nothing.
Pick from one of these attorneys most of which specialize in helping Veterans:
https://www.vetadvocates.org/directory/widget_search?current_page=1&sort_type=featured&filter={"additional_info.show-profile-on-sustaining-membership-directory"%3A+"yes"}&asset_type=company_user&display_type=default
Source: Personal experience. I have hired a lawyer several times and paid little or no fees.
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By broncovet
From: Berry law firm:
For more information: https://ptsdlawyers.com/blog/how-reservists-can-get-va-disability-compensation/?inf_contact_key=8714769f3a7c1fe23d4d1df1e3cf1bb0
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Defense Bill Passage and Bladder Cancer
rebabevets posted a question in VA Disability Compensation Benefits Claims Research Forum,
I already get compensation for bladder cancer for Camp Lejeune Water issue, now that it is added to Agent Orange does it mean that the VA should pay me the difference between Camp Lejeune and 1992 when I retired from the Marine Corps or do I have to re-apply for it for Agent Orange, or will the VA look at at current cases already receiving bladder cancer compensation. I’m considered 100% Disabled Permanently-
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5,10, 20 Rule
Ddsr posted a question in VA Disability Compensation Benefits Claims Research Forum,
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.
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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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Post in New BVA Grants
broncovet posted an answer to a question,
While the BVA has some discretion here, often they "chop up claims". For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.
I hate that its that way. The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel. -
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Finally Won...NOW WHAT?
Ztmiller8 posted a question in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC,
Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!
My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.
Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!-
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- 13 replies
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Seekz, -
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Post in Higher level review
Joey Ross posted an answer to a question,
I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and nothing about stressor,Picked By
Joey Ross, -
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pctinc2001 0
Hadit family, can anyone give me some advice on how to handle this Appeal process. I recently looked on VA.GOV and noticed this. how do I prepare to win?
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