Jump to content

  • veteranscrisisline-badge-chat-1.gif

  • Fund HadIt.com

    $2,133.00 of $1,500.00 Donate Now
  • Advertisemnt

  • 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 ...
    Continue Reading
  • Most Common VA Disabilities Claimed for Compensation:   


  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    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

  • 0

Planning ahead for CUE


  • HadIt.com Elder
Posted (edited)

I like to lay punji pits for VA raters. Here's a classic. I knew my Blue Water Vet had filed for MDD 2ndy to IHD back in 2002 when he filed his original claims (and lost). He wasn't boots on the ground so they hosed him with the Haas v. Peake decision. When I reopened in 3/2020 after the new Procopio Nehmer rules, I left out the MDD claim because, by rights, the rater would be obligated to rate it under §3.310 with the effective date of 2002. There was big money on this-like $250K.  These weasels carefully rated him such that he was below 50% after 2006 thus depriving him of his CRDP. CRDP= concurrent receipt of both retired and VA compensation pay. If you are rated below 50%, you do not get VA comp. I knew they'd screw him on the 50% or greater so I purposely left out the reopening of the MDD. Sure enough, I was right. His combined was 44%. Kind of like the old Get Smart TV show. Missed it by thaaaaaat much, 99.

So I filed the Motion to Revise (CUE) and demanded the MDD back to 2002. Yep. As predicted (and expected), I got the "Sorry Alex, we're only going back to your 12/02/2020 CUE filing which we'll presume you meant as a claim for MDD and not a CUE. I sent it up to the BVA immediately. My Vet is on his last legs and over 75 with an IHD ejection fraction below 20%. With the BVA grant of the MDD- even at 10%- which I figure they'll try to lowball him with, he'll still get to 50% back to 2002. If they give him the 30 or 50% he deserves, he'll get a check for 70% rating from 9/2002 to 12/2014-maybe TDIU from 2006. He deserves it. He did two tours on the USS Preston DD 795 inside the 12-mile limit and often within sight of land doing fire missions. All gave some. Some of my closest friends gave all. This is my way of paying it forward-one Veteran at a time... 

It's sad VA will fight me to a draw every time trying to fence my Vets out of these old, big-dollar reopenings. It's so predictable you get used to it. They think they're as slippery as a banana peel. When I was incountry, I always carried two hand grenades in my cargo pocket of my pants-even to the loo. Fortunately, we had the Swedish ones upcountry in Laos which weighed a 1/3 less than a M 26. It made you feel like a NFL quarterback when you hucked one of them. You could get about 50 more feet out of it and it always caught the gooks off guard. Let this be a lesson. Always have a spare grenade when you deal with these pukes.   

Check it out. How to play poker with VA the way they like to play poker- but in spades. VA created an enemy for life when they told me in 1994 that I'd never served in Vietnam. 


Redacted CUE filed 12-2-2020.pdf redact CUE RD 2-25-2021 MDD.pdf redact filed 10182 EED MDD 3.4.2021.pdf redact 3.29.2021 BVA grant MDD 2002.pdf Redact Code rating sheet before 3.29.21 BVA EED.pdf

Edited by asknod
  • Thanks 1
Link to post
Share on other sites
  • Answers 3
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Popular Posts

I like to lay punji pits for VA raters. Here's a classic. I knew my Blue Water Vet had filed for MDD 2ndy to IHD back in 2002 when he filed his original claims (and lost). He wasn't boots on the groun

Well done.. Hamslice Also, a good read..

I was given that "you did not serve in Vietnam" jive as well.  It was all over my DD214 that I did served in Vietnam and I had all the "been there, done that" medals.  I had written a letter to my con

3 answers to this question

Recommended Posts

  • 0
  • HadIt.com Elder

I was given that "you did not serve in Vietnam" jive as well.  It was all over my DD214 that I did served in Vietnam and I had all the "been there, done that" medals.  I had written a letter to my congressman and VA had responded to him that I never served in Vietnam.  The VA is so clownish and  ready to disrespect and attempt to discredit vets to save a dime.   They would spend a million bucks to save 50 cents award for a vet.

  • Like 1
Link to post
Share on other sites
  • 0
  • HadIt.com Elder

Another CUE of mine from 2019 is in the BVA hopper and was just docketed. However, I hope you requested hardship processing of his BVA appeal. I would not count on the VA to proactively do this. Given his age and deteriorating health, the VA really should process his claim in front of mine.

I remember in 2019 when my ejection fraction was almost as low as your buddy's. Of course, the VA slow-walked my claim. Fortunately, I ended up winning after two additional filings.

Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Ads

  • Ads

  • Ads

  • Our picks

    • 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)
        • Thanks
        • Like
      • 53 replies
    • 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!
        • Like
      • 13 replies
    • 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,
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
  • Create New...

Important Information

{terms] and Guidelines