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14 Questions about VA Disability Compensation Benefits Claims
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?
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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Commonly Claimed Disabilities
Tinnitus | PTS(D) | Lumbosacral Cervical Strain | Scars | Limitation of flexion, knee | Diabetes | Paralysis of Siatic Nerve | Limitation of motion, ankle | Degenerative Arthritis Spine | TBI – Traumatic Brain Injury
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By DSIG
If you have dominantly social impairment from PTSD and there is enough evidence of this and this has worsened, can this alone get you to 100% P&T from 70%. Do you also have to demonstrate work impairment? I'm asking how the VA views 'total impairment.' Do you have to have both social and work impairment or can social impairment suffice? Do they look at how long you have been previously rated in making their decision? I am waiting for a decision letter for a PTSD increase claim that closed last week. The claim includes my private therapist's nexus letter and DBQ where he specifies language of "more likely than not to be permanent in nature". He also provided a long list of session dates that I have had with him since 2009. I have been in continuous therapy with him for 11 years. My original rating was 50% in 2010 but the VA called me back for a re-evaluation on their own (not at my request) in 2012 which resulted in a rating increase to 70%.
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By JaeT.21
Two of my kids are already using Chapter 35 for college, so I know that I lost the extra disability compensation for the kids out of my disability payments.
My question is if my wife uses the Chapter 35 for college, does that mean my disability payment will decrease as well? If so, how much?
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By Lfox
my saga
90% TDIU 8 years
7 back surgeries, 20% degenerative disc, 10% Radiculopathy, 70% stress disorder, 30% bladder
During one of my later surgeries on my spine the operation went completely sideways. They were installing a spinal stimulator and it didn’t go well. When I woke up I was paralyzed from the neck down and bleeding internally at the surgical site. I had to be rushed back and reopened to rectify the screw up. After I woke up the second time, I regained most of my movement back except for the use of my bladder. I’ve never urinated naturally since that day and man do I really, really miss it. I have to use a two foot piece of tubing in order to extract the urine. Which you could imagine builds up some animosity over the years. Coupled with a bad case ED from this procedure now we’re really having fun. I did get the bladder connected rate away and left it at that. My tendency to ignore things I don’t know how to process really hampers my existence.
So my only interactions with the VA was just calling every three months to renew my gear and meds. Fast forward to 14 months ago I woke up one morning screaming because it felt like my balls had gone 12 rounds with Mike Tyson. It’s been 14 god awful months and it still hasn’t subdued. It hurts so bad I vomit regularly due to the pain. My blood pressure was sent out of control.The headaches are also unreal. I even had some old hernias repaired on my gut to see if just maybe that would help, it didn’t. It was suggested it was a nerve spinal issue. So 5 days ago, I go get an mri done on the surgical site. My doctor calls me and tells me to come in and didn’t elaborate on the test. I did so and he then informs me I had a stoke in my spine, from the surgery, Also that the bladder hypertension, headaches and testicular pain were connected to this issue.
As far as the VA said they pretty much told me it was a medical mystery all these years and it might come back. They never said anything about a stroke and just thought it was the pressure on my spine when I was filling up with blood during the surgery. All the built up and suppressed rage from over the years came flooding out. I broke down, but am ok now. But, I’m worried that I my die from this sooner or later heart attack or another stroke it won’t be service connected and my wife and kids are SOL. I have no idea where to start. How do I S.C this VA surgical debacle? It was 6 years ago. They were installing it due to an S.C issue. I have chronic pain upper and lower back. I’m pretty much a professional with ignoring the pain what I can’t control (high bp during episodes, monster headaches, risk of stroke) is what scares me. Any direction on what type of claims this would start as is greatly appreciated. Thank you for reading
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By USMC_VET
I was recently given 100% P&T and started filling out the Chapter 35 benefits for my wife as she has wished to continue her education, however i noticed that it says "If you are over the age of 18 once you receive either the DEA or FRY SCHOLARSHIP benefits, you will no longer receive payments of Dependency and Indemnity Compensation (DIC) or Pension and you may no longer be claimed as a dependent in a Compensation claim. If you are under the age of 18, on your 18th birthday you will lose eligibility for DIC or Pension payments and you will no longer be claimed as a dependent in a Compensation claim. CAREFULLY READ THE INFORMATION AND INSTRUCTIONS ON PAGE 6, ITEM 22 BEFORE COMPLETING THE ELECTION BOX BELOW. YOU ARE STRONGLY ENCOURAGED TO DISCUSS YOUR ELECTION WITH A VA COUNSELOR."
I am not familiar with this, so does this mean IF she was a surving spouse she wouldnt get DIC payments while she was on Chapter 35 or does this mean if she uses Chapter 35 now she wont get DIC payments if i passed in 10,15,30 years and made her eligible for the 50% of my Disability payment as a surviving spouse?
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By USMC_VET
Yesterday was a great day. I have been working on these claims for awhile and this last year i really decided to do it right and spend the money and time necessary to win that last few claims i had been denied over the years.
I was checking my status on va.gov and ebenefits and noticed while va.gov showed it as "gathering evidence" still ebenefits under pending disabilities when you click "check pending claim" it had been listed as "preparation for decision". As a sidenote i realized that ebenefits had alot more steps in it (gathering -> prep for decision-> pending decision approval -> preparation for notification) while va.gov only goes form gathering to prep for decision, so ebenefits can help show in more detail where the claim is at. Anyways. i checked yesterday and it had moved back to gathering of evidence and i was bummed. This claim was started July 2019 and i had finally gotten my in person C&P's 2 weeks ago.
I decided to check the Letter section of ebenefits, as in the past that has been sometimes updated faster than everything else and low and behold it showed i had won so i checked "disabilities" again and it repopulated.
PTSD - I won my increase to 70% after multiple denials. since 2016 (wasnt continuously pursued since then unfortunately) i had made multiple attempts and after 2 denials in 2017, 2019 i decided to get a IMO again (which i first used in 2015 to fight a reduction). My C&P's were done by both VA & QTC in those past denials and after getting my Cfile i saw that the examiner didnt note down or check boxes on ALOT of the things i had talked to them about. for example i get panic attacks everday and take medication, they check the "less than once per week" box??? Anyways after TWO VES C&P's this year my IMO won out and i finally won this claim.
Shin splints - They kept me at 0% but im not going to appeal it now
Back - after multiple ER visits and therapy and increases in med doses they finally agreed that it was slightly worse 😞 than the original 10% they gave me in 2011 and upped it to only 20%, but ill take it
I also had a IBS, GERD & Hemorrhoid claim that was deferred, im guessing until they can do more tests.
After this I am now 100% schedular, but they also gave me P&T! which was great!
I was impatient about waiting for the letter which was only sent on the 16th so i called the 1800 # and the VA person told me they couldnt send me a digital copy until its past 10 days but he could look at the letter and confirm questions i had and was able to confirm the % & P&T, which was cool.
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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-
- 10 replies
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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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- 46 replies
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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,
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Joey Ross, -
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