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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)
I am currently rated at 90% with a 50% rating for MDD. I have a remand for increase dated back to 2015. I just recently had a telehealth C&P exam for this increase. I feel like it went very well. It lasted over an hour with a civilian provider. I was very surprised because at the end of the exam she told me, "I truly feel like you deserve an increase for your mental health." Does that seem like a positive sign? I wouldn't think that a provider would say that, especially in a C&P exam.
Also, if my appeal was remanded back to 2015 when I was 80% and I get an increase that raises me to a higher rating of 90% or even 100%, will I be entitled to back pay for the difference from 2015 to present?
Thank you all for your service and I hope you guys can help give me some guidance on these questions.
Got out of military 2004 (medical discharge)
2005 VA gave me 0%
2009 fought and got 20%
2010 fought and got 30%
2012 fought and got 40%
2013 fought and got 70%
2014 fought and denied claim
2015 fought and denied reconsideration of claim
2016 fought and submitted appeal
2017 hurry up and wait
2018 appeal changed to new ama
2019 ama appeal denied
2019 changed to bva appeal
2020 BVA appeal decision from judge
November 2020 awarded 80%
INTERESTED TO SEE WHAT THE NEXT 15 YEAR BATTLE WILL HOLD
Regardless. I never in a million years thought I'd one day be 80%
12k to doctors independant exams
1k in plane tickets
40 plus doctors visits
Physical therapy xs 2
Hundreds of hours reading and learning on hadit
War is Hell...But victory is oh so sweet
According to the BLS website:
Scroll down (for the CPI-W):
While I am quoting from the BLS website, regard this as an estimate only, the official one will follow. Therefore, my estimate is between 1.4% and 1.6%, with 1.5 percent the most likely Cola.
For a SINGLE 100 percent Veteran, no dependents, this amounts to a raise of $46.59 per month increase to $3152.63 .
Social Security recipients will also be the same: 1.5%, but, as was pointed out, our medicare premiums will go up, so we will see "less" increase in our social security checks, probably.
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
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.
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)
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.
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!
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 ByJoey Ross,