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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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Tbird

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You can request a transcript of the VA's recording they make during hearings. However, the transcript I recieved was so messed up, no one could make since of it. Most of it just repeatedly said it was garbled. Or so they claim.

Yeah, I got one of those. Same thing. Besides, all this is moot. Those VA quacks have carte blanche and are exempt from LAW< never mind rules. My last few C&Ps would have put some people in prison otherwise. Isn't it against the law to falsify government records? Not at VA!

One rebuttal of a C&P exam I submitted ran over 30 pages including the copies of records I submitted proving the lies. Exam said I had antalgic gait but exam summary said gait was steady and even indicating no altered gait! Said no uneven shoe wear but the photos of the shoes I wore proved otherwise. Also said there were no other records indicating altered gait. But what is a Trendelenburg lurch? Pronounced truncal shift? there are many others. The examiner pushed my limbs to get the desired range of motion results til I jerked and yelled coming off the table onto the floor from the pain. Hey! No witnesses allowed and she denied touching me to my face, right there. They stated my radiological exams made no statements of conditions those reports clearly did. The list is far too long to go on here. There were a couple others almost as bad. Those rebuttals and their perfidy may have had some influence in getting my claim approved in the face of abysmal C&P exams. I don't know. But it's clear that they were not accepted as true. But I have no doubt those same people are still there doing the same things.

These people are a power unto themselves and care nought for rules, regulations or law. Change will have to come from the top. That's the only way to break up this mess.

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I got a transcript of a DRO Hearing. The transcript left out the part where the DRO Officer agreed with us. I had a lawyer.

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I got a transcript of a DRO Hearing. The transcript left out the part where the DRO Officer agreed with us. I had a lawyer.

john999,

Quite convenient fot them.

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Since we can not start a new new topic in the state benefits forum I wanted to let those vets in Virginia that don't already know, that on the ballot on Nov.2nd will be an amendment to our constitution to allow for tax exempt for real estate tax for 100% disabled veterans!!

Now this is something well over due and I hope all vets will vote for it and also all their relatives. Virginia has always been a leader when it comes to the military and our state is made up of many retired veterans, active duty and disabled veterans. Lets show our gratitude to them by voting this change as unanimous as possible!!

PLEASE VOTE YES FOR AMENDMENT NO#2!!

Thank you!

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Good Post Still Here. We can pin this topic as it is a very important one. My state is also considering an ammendment for 100 percent Disabled Vets who are 65 or older to get tax exempt status.

I asked them to ammend the bill to cover all 100 percent disabled Veterans. It has been stalled and kicked from Committe to committe and will likely not happen.

This item also gives me an idea on a SVR show to go over each state and their veterans benefits.

John

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    • Rating "Protections"
      The VA has several regulations governing various levels of "protection". The terms "permanent", "protection", and "total" are misnomers due to the various ways the VA has defined them.

      Here is some information on VA ratings protection (but the word "protection" has a different meaning to the VA). The exception to these rules is if they can prove fraud.

      5 years

      The key part to remember about the 5 year rule is found 3.327(a) indicating that these are guidelines which are not necessarily set in stone. The key takeaway for most veterans is reduction should not occur if there has not been material improvement over 5+ years or if the veteran is over the age of 55.

       

      10 years

      In brief, ratings in effect for 10 years cannot have service connection severed.

       

      20 years

      In brief, a disability rated for 20 years cannot be reduced below the lowest rating percentage it has held for the previous 20 years.

       

      P&T

       

      TDIU

       

       

       

      Disclaimer: I am not a legal expert, so use at own risk and/or consult a professional representative. The VA updates their regulations from time to time, so this information may become outdated.
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    • Everything Veterans Affairs does with your service connected disability compensation claim, is governed by law. You may want to bookmark this page as a reference as you proceed with your claim.

      It can be a bit daunting. Just remember the U.S.C. is the law, the C.F.R. is how they interpret the law and last but certainly not least is the V.A. adjudication manuals that is how they apply the law. The section of the law that covers the veterans benefits is Title 38 in the U.S.C. in the C.F.R. is usually written 38 C.F.R. or something similar.

      It's helpful to understand how statutes, regulations, and VA directives such as the VA’s Adjudication Procedures Manual, the M21-1MR (Manual M21-1MR.) are related. Of these three sources of law, the statute, written by Congress, is the highest form. The statute that governs veterans’ benefits is found in Title 38 of the United States Code (U.S.C.). The VA writes regulations to carry out the laws written by Congress; these are found in Title 38 of the Code of Federal Regulations (C.F.R.). The VA’s internal instructions for adjudicating claims are contained in the Manual M21-1MR. VA regulations may not conflict with any statute; the manual’s provisions may not conflict with either statute or regulations. If they do, the Court has the power to invalidate them.

       










      U.S.C. United States Code United States Code is the law and the U.S.C. is the governments official copy of the code.


      U.S.C.A. United States Code Annotated U.S.C.A. contain everything that is printed in the official U.S. Code but also include annotations to case law relevant to the particular statute.


      C.F.R. Code of Federal Regulations The C.F.R. is the interpretation of the law


      VA M-21 Compensation and Pension Manual


      VA M-21-4 C & P Procedures


      VA M28-3 Vocational Rehabilitation


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    • I was unable to find a reply box to your post.

      We have a full Agent Orange forum here.

      Many veterans (and even their survivors) have succeeded in getting a disability, not on the presumptive list, service connected due to their proven exposure to AO.

      Also Secretary Wilkie is considering a few new presumptives, but we have no idea if  he will even add any to the list.

      I wrote to him making a strong argument, as  to the potential for HBP to be added, as well as ischemic stroke and have prepared a personal claim based on the same report a veteran used at the BVA, who also had a strong IMO/IME, and the BVA recently granted his HBP as due to his exposure to AO in Vietnam.

      Most veterans with HBP were deemed as having "essential" - a medical term for no know cause- now we have a cause in Vietnam veterans---AO caused it.

       

      The report is here:

      https://www.nap.edu/read/25137/chapter/2

      On page 8 they found there is "Sufficient" evidence that AO caused HBP in Vietnam veterans.

      The BVA case and this report is also searchable in our AO forum.

       

       

       
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