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I need help with what to do with my child's education costs
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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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- 41 replies
Picked By
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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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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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retiredat44 71
Hi,
Regarding education benefits retroactive for my child. (retroactive 100% P&T after she had filled out all the VA education benefits forms with the va during her schooling before my appeal awards for 100% P&T).
I am trying to figure out how to state my problem and not mess it up in explanation. Those that have had experience with this and navigated successfully I hope can figure it out.
I was only at 50% VA disability (I was filing disagreements and permanently disabled, with SSDI, but not the 100% benefits for dependents) while my daughter went to school, she was born 1992. She graduated high school 2010. Went to community college, filled out financial aide with the VA and the school. Ten she transferred to a University and received a Bachelors degree 2014 (she also filled out the VA education forms and financial aide at the College). She then transferred to a University and received a Masters Degree June 2020 (she filled out the VA education papers and the financial aide documents there too). She has huge student loans (through student financial aide programs with student loan lenders.
Finally in 2019 I won a rating increase to 90% by BVA the award). Then my rating increase to 100% P&T in 2020 effective July 2012.
So, she filled out the VA education benefits during all of her college courses , though I was only at 50% while she went to school, so the VA didn't pay (no help with the education benefits).
But, I won the 100% P&T retroactive going back to 2012. How does she get the VA retroactive education benefits for her college and University degrees? She filled out everything on time, submitted to my VA files through the VA, and the financial aide offices at the schools. She finished schooling (completed her MBA programs) after going to college and universities from the ages 18 to 28.
I can't get any help because of our Virus situation out governor has the place on lockdown and can't get any help, answers, etc. here in Oregon (Salem VA offices only have a recording, they say they will return call but never do.). Can't even get them to answer calls, or a decent answer.
Is there a special form to have retroactively get the benefits paid get done? Does the VA look at my files and go back to do something?
I found some forms, but they are not retroactive they are for future or present students.
I hope I explained this and there has to be many veterans who have gone through this before.
Thank you very much,, we really appreciate the help !
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