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  • 14 Questions about VA Disability Compensation Benefits Claims

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    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?

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    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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I've been TDIU, since 2004, and last year, I knew my son was coming up near college time, so I pursued filing for an increase, and to ask for P&T.  It's been a long haul, and I put it off for awhile, because, well, went through a divorce, and I helped some vets at a Vet center, and in the end, I remembered the stress of fighting with the VA, but I knew that I had to do this for my son.  The state representative tried to persuade me not to push in case I got reduced.  Told him I wasn't worried about it, as my health had gotten a lot worse.  Well as soon as he digs in, he thinks I have a CUE claim, which I think we will still have to fight.  I did get an 80% rating on the claim that they denied before as it got worse and now I have a loss of use for my left foot.  So I got a letter, that I'm now 100% and it is P&T.  Whew, I've been overwhelmed for the last week.  Now I still have a question or two.  One, my son is 16, and now eligible to be on CHAMPVA, he's been on his mother's insurance as all I had was VA before, and her insurance isn't that great since it's in a small company.  Is it possible to drop his insurance or will they make her keep it even after he gets approved for the ChampVa, I know that he's eligible for it as well as the education benefits, but his current insurance is really crappy.  Any advice or answers?  Also, not as worried about this, I'm not dead, but am P&T now due to SC.  Wife got remarried, and is now divorced again, younger than 55, is she eligible now for insurance as well as a former spouse?  The rules seem to conflict with the wording, so thought I'd ask here, cause I really don't want to ask my Service Officer, because I can foresee him blowing it off and tellilng me to be happy.  I told my ex wife I would ask, and if she was eligible I had no problem with it, but I needed to ask some people that actually knew the answer.  Anyway, I'm very grateful that I finally got what I felt I deserved for a long time.  Hope everyone is doing well.  The burden  has finally been lifted.  Woohoo.  

 

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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%. 
    • By JaeT.21
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    • By Lfox
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    • By USMC_VET
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    • 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
      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)
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