Become a Patron of HadIt.com. If you appreciate what we are doing and can afford a monthly commitment, this is a great way to support us
HadIt.com Veteran to Veteran Fundraiser
Revenues are down, costs are up and I need your help.
Give a financial gift to help with the upkeep of HadIt.com. HadIt.com is NOT a non profit. Gifts are not tax deductible, they are just gifts.
Hey all. Hoping you guys can help me out with what to expect.
In 2010 while I was active duty I went to medical over what I thought was a potential hernia. They did an ultrasound and felt around but told me they didn't see anything and that if it continued to hurt come back. I got my honorable in January of 2011.
A couple months ago, the pain occasionally still persisted so I filed a claim for a hernia/groin condition and they scheduled me within a few weeks. I just went to my appointment and the Dr. asked me if I had the hernia taken care of yet. I told him that I was never diagnosed with a hernia which is why I also choose "groin condition" on the drop down menu. He help up a paper from my file and said that back in 2010 I was diagnosed with a inguinal hernia and that It says that I never made an appointment to meet with a surgeon. I told him that wasn't the way that I remember the scenario going, I believe I was told they found nothing and to come back if it still consisted or got worse. So we spoke for a few moments and he said that he's going to put that it is service connected, as I WAS diagnosed while I was still active duty. He also said since it's considered elective surgery if I wanted to have it taken care of I would need to talk to my private doctor.
Has anybody had any experience in how this would be rated? He told me that it is service connected but he wasn't sure how the rating would go.
I'm currently at 30% disability. I also recently received my C-file so I put it in my computer and found the page the doctor referenced and yes, it does say that I was diagnosed back in 2010.
I needed some advice in regards to my current VA battle for an effective date change.
THANK YOU IN ADVANCE
April 2013: (During Service) I was taken to the emergency room for headaches and nausea where CT scans were taken. This occurred during training on active duty.
- ever since then they have only worsened
Feb 12 ,2018: Filed Claim for headaches
May 4,2018: Claim DENIED for headaches
I was unaware of supplemental claims and truly didn't think I had anything to prove the decision was incorrect so years went by.
October 20,2020: Opened claim for headaches again (no new evidence, and didnt know a supplemental was needed) However, somehow I was granted a C&P exam. During the C&P exam with a VES Neurologist, he was able to pin point the incident that occurred in 2013 during Active Duty where I was sent to the ER for headaches. He confirmed it was service connected.
October 21,2020: Claim closed (denied), The VA closed it and told me that I had to submit a Supplemental since I had already been denied for headaches previously (2018). So I submitted a Supplemental Claim, stating that I would like to have the same C&P report that was most recently done to support my claim for service connection. (Again nothing in my file changed in 2018-2020 in regards to headaches, this VES Neurologist (2020) was able to locate the incident that occurred during my service whereas in 2018 it seemed like they just didn't catch that incident.
October 23,2020: Claim for headaches approved 30% (effective 11/1/2020)
Nov 6,2020: VA received my HLR for effective date change.
My decision letter from 2018 states:
"Service connection for headaches is denied since this condition neither occurred in nor was caused by service."
Service connection for headaches.
Service connection for headaches has been established as directly related to military service. (38 CFR 3.303, 38 CFR 3.304) The effective date of this grant is October 20, 2020. Service connection has been established from the day VA received your claim. When a claim of service connection is received more than one year after discharge from active duty, the effective date is the date VA received the claim. (38 CFR 3.400) An evaluation of 30 percent is assigned from October 20, 2020. We have assigned a 30 percent evaluation for your headaches based on: - Characteristic prostrating attacks occurring on an average once a month over last several months
I couldnt find an answer in teh archives, maybe i just wasnt wording it correctly. In terms of the 5,10,20 year protections if you were granted...
2020 - 100%
for a disabilty, is the 100 percent an effective date of this year or 2010? is the 30% now under 10 year protection but the 50% only under 5 year protections? or does the whole SC restart its protection dates upon any new change whether increase or reduction?
On 09/25/2013 I submitted a claim for tinnitus. Received a VA letter dated 06/09/2014 informed me that the VA could not find my complete service treatment records could not be located and therefore unavailable for review. all efforts to obtain Has been exhausted based on these facts the VA determined that further attempts to obtain these records would be unsuccessful if these records are received at a later date the decision will be reconsidered. if a different decision results, that decision will be effective the date of this pending claim. (09/25/2013) Well I was denied for tinnitus. So on 06/29/2016 I submitted a new claim For tinnitus Evidence on record Shows they used my service treatment records. Subsequently I was Granted service connection at 10% effective date May 11, 2016. So by them saying that the effective date of this pending claim on September 25, 2013 should they go back to 2013 for my backpay instead of May 11, 2016. Am I reading this right is that correct all answers will be helpful thank you very much
I was hoping to get a second opinion on a potential claim. While in service I had a radical tenosynovectomy which is service connected. I am also service connected for the scar from said surgery. That surgery caused a hernia on my forearm. The size of muscle coming through is about 2.5 inches long by about 1 inch wide.
I was wondering if this should be a pretty straight forward claim or what I might need to consider or prepare for?
I believe this claim would fall under 38 CFR § 4.73, Schedule of Ratings – Muscle Injuries, Diagnostic Code 5326.
Seems pretty straight forward to me but again it's the VA and there always seems to be something to complicate things.
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,