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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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On this pass Friday I had a C@P exam done at local VA hospital, would that exam results be in my health file on Blue Button? Or do I have to request that file?     Thank you, Ken

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Mine done at the VA are usually posted on Blue Button 3-4 days later.

Hamslice

 

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    • By Ken Dillon
      I hope someone could give me some advice,  I was rated at 40 percent disability,right lower extremity radiculopathy at 10 percent.degenerative disc disease with intervertebral disc syndrome (previously rated as degenerative disc disease, herniated lumbar disc) rate at 20 percent and bilateral tinnitus at 10 percent. and lumbar scar rated at 0.  In July of 2020 I had fusion surgery of L4 to S1.  I put in for rate increase for my scar, fusion, and rt leg Radiculopathy and last 100 percent temp disability I was out of work for 12 weeks. 
      Today on ebenefits found my total new rating of 60 percent  they increase my Rt Leg Radiculopathy to 20 percent I am guess for foot drop I have not and I use a cane to get around. No increase in rating for fusion ( QTC did not preform ROM test because I was 12 weeks post op) I received a 10 percent rating for surgery scar. and not a work on 100 percent temporary disability.
      My question is what do I do now. I still can not bend my back all, have pain in back and down the leg, I fell down the stairs at work, which I had statement from co-worker.
      Any ideas what I should do, or to proceed. 
      Thank you  Ken
       
    • By Ken Dillon
      I had a C@P exam for rate increase. The ex-Air Force doctor was great. Besides the original diagnostic codes, he added in other codes for problems he noticed during the exam. I had back fusion, he added in hip pain which i do, also Medium nerve along with sciatic  nerve and copper tunnel syndrome all of this is my rt side along with foot drop, what happens with claim when a doctor adds more to the claim. Thank you.
    • By Ken Dillon
      Back in July of this year I had Lumbar fusion from L4 to S1, I put in for increase in rating and temp 100 percent disability since I would be out of work for 3 months.  In the middle of Sept QTC schedule me a C@P exam, which I went to, the doctor said he could not measure my ROM because of my fusion. I can't move anyways even today.  Then today I was told I have to another C@P exam for the same issues. Is this normal? 
      Thanks Ken
    • By Ken Dillon
      Sept I went for C@P exam of my lower back, I had fusion done to me from L4 to S1. While I was at exam I had back brace on, and I was 10 weeks out of surgery. The doctor I had ex Air Force doc.  He did not do a range of motion test due to the fact I was 10 weeks post op. Will this effect my rating? Before this I had a rating of 20 percent Lumbar, and 10 percent for each leg.  I am still really messed up, I trip a lot, and now I walk  with a limp, still have pain. I also can't move my toes or ankle very well any more, and now I have bladder problems, any ideas from anyone, or insight?
      Thank You
      Ken
    • By Ken Dillon
      Good day all,  I have a question for you, BVA granted my claim in Feb 2020 for degenerative disc disease. In July of 2020 I went and had Lumbar Fusion from L4 to S1. I put in a claim to increase my rate because
                              my conditions have gotten worst. I put in for 100 percent temporary for recouping from surgery. I also put in for increase in Lumbar degenerative disease, for scar from surgery, and last for Rt leg 
                              Radiculopathy. Now my question is if these are granted, would back pay go back to Feb, 2002 or July 2020 when I applied?  Currently I am 20 percent Lumbar disc disease, 10 percent Radiculopathy,
                              0 percent for scar.  Thanks for your input.
              
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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 
      • 10 replies
    • 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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    • Post in New BVA Grants
      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.  
    • 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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    • 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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