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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 Combat eng
How long does it take to receive a copy of your c file? Are there any short cuts you can take or do you just have to wait on the mail?
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By marathonjon
The VA raised the minimum rating for diagnostic code 5201, limitation of motion of the arm, from 10% to 20% back in May 2016. If you're still rated 10%, you should request the increase. The VA shouldn't require an exam, unless they have reason to believe your condition has improved. You should also request an effective date of one year prior based on “a liberalizing VA issue approved by the Secretary or by the Secretary’s direction.” Specifically, according to M21-1, III.iv.4.A.1.g. Selecting a DC and Minimum Compensable Evaluation for 38 CFR 4.59 Per Sowers v. McDonald: “- This policy particularly affects painful motion of the shoulder evaluated under 38 CFR 4.71a, DC 5201. Under this DC, painful motion of the shoulder warrants assignment of a 20-percent evaluation. - This decision represents a change in longstanding VA policy in which the minimum compensable evaluation was interpreted as a 10-percent evaluation irrespective of the DC involved. . . . . Effective May 23, 2016, the minimum compensable evaluation refers to the lowest evaluation specified under the DC most applicable to the disability.” Per 38 CFR §3.114 Change of law or Department of Veterans Affairs issue: “(a)(3) If a claim is reviewed at the request of the claimant more than 1 year after the effective date of the law or VA issue, benefits may be authorized for a period of 1 year prior to the date of receipt of such request.”
I was originally rated 10% for both shoulders in 2008 and didn't find out about the increase until last year. I could have been getting the increase for 4 years; not only that, but the bilateral increase to 20% would have raised my overall rating from 80% to 90%. It pisses me off that the VA doesn't notify veterans about changes that might benefit them. I actually think the VA should automatically increase the benefits of every affected veteran effective the date of the change. I've written my senators, congressman, and numerous veterans' organizations about this and urge others to do the same, in addition to requesting any increase that is due to them.
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By Hamslice
So,
I have been really lazy lately, not really, I have an almost fulltime job taking care of my wife, but, yes, lazy when it comes to my VA claim(s). I normally would wait until I get everything nailed down tight for everything I am claiming and put it all in on one shot. But, I don't seem to have the energy to get that all going at this time and the clock is always ticking. I have one canned, one in the works and a couple down the road a few months (new health insurance, private doctors).
So, my new plan is to send the one done down range, and keep plugging and sending. I do know that they may add them as they go, but I can't keep putting it off any longer. Tick-tock.
I have been fairly successful so far with my many claims, so I hope this NEW strategy don't ball it all up, LOL.
And spring is coming, lawn, garden, tractors, etc., etc.,
Hamslice
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By Matrov
Greetings -
I am new to hadit and forgive me if this question has been asked.
My question surrounds two ratings for the same thing with different dates. As background, I was granted IBS with GERD in 2012 and recently had a grant for ulcerative colitis from an appeal. On VA.gov it shows the grant for ulcerative colitis and ebenifits shows IBS with GERD and radiation proctitis for 30% in 2015, without mention of ulcerative colitis. Both the radiation proctitis and ulcerative colitis were issues that had been applied for service connection.
The two ratings for 30 percent for IBS are perplexing and I am assuming the VA is combining them all into IBS and determining that the 30 % rating is the maximum for all of this.
I dont know if this is unique scenario but I am curious to see if anyone might have some insight or a similar experience.
Kindly - Matt
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By cathyjourdan
HI,
Okay quick question and I hope I get some quick advice before its too late. Okay so I put in for an increase in my husband's ihd, and his lungs because he's had terrible residuals since he had radiation for lung cancer. We applied for the caregiver program and was approved but the lady told me that his 100% for his lungs was temporary (which I knew) and that I should be trying to get him increased or made P&T so that his overall average would never go below 70%. So I put it in. Well the rep at the VA went in and said that he was Permanent and Total...yay. So I thought they were done because I saw the notice saying a decision letter was being mailed. However, today a lady calls and says she will be scheduling him for a c&p for his lungs. Well as it stands he has 100% for his lungs. They have not set the appointment yet...should I go in and request this cancelled? THere is nothing to gain and I'm thinking the wrong doc could certainly give something to lose especially since she said they will be using a community doctor. It's a moot issue right now right? If they haven't made a decision which obviously they haven't can I cancel or is it too late?
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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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- 53 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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