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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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Recently 4/21 diagnosed with bladder cancer after surprise onset of "lower plumbing" issues.  Had taken VA Prescribed Ranitidine (Zantac) since 2017 for Acid Reflux until recall of drug for suspected carcinogens and connection to certain cancers.  Anyone out there with same situation and/or any information on VA Response to claims?  Or, experience with Class Action Lawsuits pending.

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FYI, Bladder cancer is rated under 38 C.F.R. § 4.115a , Diagnostic Code 7528, which provides for a 100 percent rating for malignant neoplasms of the genitourinary system.

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PNC Sorry to hear of your diagnosis. I don't have any direct info to share except for one thing. In the past if there has been a class action suit for a VA s-c disability, if the veteran joins the class action, he will may in effect waive any VA disability comp for the disability. Contact the law firms and ask; get more than one answer. I would also generate a IRIS inquiry to the VA and ask about the VA's position as well. If you are cut off from future comp, you have to weigh what is the best course of action for you and your family.

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Posted (edited)

You said in a past post here: " My time in service was 1969-1989"

Do you receive CRDP?

Bladder Cancer has become an AO presumptive:
"Three new conditions were recently added to the list of presumptive conditions for which the Department of Veterans Affairs grants service connection to Vietnam War veterans affected by exposure to the chemical herbicide Agent Orange.  This means that tens of thousands of veterans will now be eligible for VA disability benefits if their Agent Orange exposure resulted in bladder cancer, hypothyroidism, or Parkinson’s Disease-like symptoms."

https://cck-law.com/blog/new-agent-orange-presumptive-conditions-2021/

Is it possible you were onboard one of the many ships that were within the 12 mile limit of the coast of Vietnam, after their AO exposure date?

The most recent AO Ships list is here:
https://www.benefits.va.gov/compensation/docs/shiplist.docx
 

Edited by Berta
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I am not sure if you would have a class action suit or not??

it maybe more beneficial to you to file the presumption claim for bladder cancer

if you were exposed the A.O. Chemicals/Vietnam Veteran boots on the ground.

As Ms berta mention they just added Bladder cancer to the A.O. list.

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    • By brokensoldier244th
      To: Subject: NDAA Agent Orange Presumptive Conditions
       
      January 6, 2021
       
      Directors (00):
       
      Please distribute to National Call Centers and Public Contact Teams.
       
      The National Defense Authorization Act for Fiscal Year 2021 (NDAA) (H.R.6395) added three (3) more conditions to the Agent Orange presumptive-conditions list wherein Veterans who were exposed to Agent Orange may qualify for benefits:
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      Veterans and survivors are encouraged to submit claims.
       
      Thank you.
       
      Office of Field Operations- NCC
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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 
    • By Berta
      I had a brief comment at my profile from a new member.
      I will let everyone know ASAP if the Seceretary adds anymore new presumptives to the AO list.
      Also any vet with bladder cancer who fits into the Camp LeJeune regs here:
      https://www.benefits.va.gov/COMPENSATION/claims-postservice-exposures-camp-lejeune-water.asp
      should file the claim that way.
      Also if an IMO IME doctor ( an oncologist) makes a very strong nexus for the bladder cancer ,having no etiology but for AO exposure, and uses some  medical abstracts/treatises to bolster that statement the veteran might succeed in gaining comp for it.
      This BVA award shows what I mean:
      "In sum, the medical evidence of record is at least in equipoise as to whether the Veteran's bladder cancer is a result of his exposure to AO while in Vietnam; therefore, resolving reasonable doubt in favor of the Veteran, service connection is warranted for bladder/urethral cancer. 38 U.S.C.A. § 5107; 38 C.F.R. §§ 3.102. ORDER Service connection for bladder/urethral cancer is granted."
      https://www.va.gov/vetapp14/Files1/1412930.txt
       
       
    • By Victor82
      I have recently placed a claim for bladder cancer where I had my bladder removed.  I have stoma and bag that collect urine.  I have plenty of data from military and civilian doctors who state it is likely from Gulf War service.   For some reason VA is pushing back on %.  Anyone have any experience on what code and % used to determine compensation for the stoma and loss of bladder?  
       

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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
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      Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.



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      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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