Thursday, September 29, 2022

Can You Lose Va Disability Benefits

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VA Disability Benefits Due to Amputation

provide modest coverage for severely disabled workers and their dependents, including our wounded warriors. Some wounded warriors and Veterans who have a compensation rating of 100% P& T are unaware that Social Security may expedite the processing of their disability claims. In addition, Veterans may not realize they can sometimes qualify for both VA and Social Security benefits. Approximately 621,000 military Veterans received disability insurance benefits in 2016. Rest assured that if the unexpected happens, weve got you covered.

Learn more on our .

Why Do Va Claims Get Denied

Any relationship suffices. Often, this evidence comes from the C& P exam results or from an independent medical exam. On a related note, failure to attend a C& P exam is one of the most frequent causes of disability review denials. Frequently, the veteran did not attend the C& P exam because s/he did not know about it.

Get Help With Your Application

The staff at any VAC office, CAF Transition Centre or Service Canada office can assist you or call us at 1-866-522-2122. Service Officers with The Royal Canadian Legion or The War Amps of Canada can also assist you with your application, including helping you get all of the information you need to support your application. Their assistance is free of charge.

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How To Get Started Taking Back The Power

Check out the Veterans Law Field Manuals: you can purchase the Field Manuals individually, or as part of a training package.or, if you are so inclined, save a TON and

Heres how one Veteran described our Veterans Law Field Manuals and Training Videos:

If you are new to the VA process and do not understand how it works , this is a good investment to help get your Boots on the Ground.

I have spent a lot of time over the last 3 years researching the VBA Decision site this would have saved me some time.

One Phrase Is The Key To Beating Proposals To Reduce Va Disability Benefits

Can the VA Reduce Your Rating?

Heres the phrase: Material Improvement.

Im going to go into this in GREAT detail in the VA Reduction Field Manual with a bunch of case studies showing you what these words mean in reality.

But for now, heres a basic explanation: One improvement in one VA reexamination is often never enough to reduce VA Disability Benefits.

To properly reduce VA Disability Benefits, the VA must review the entire history of your condition from injury, through diagnosis, to the past and current limitations and even its impact on your work history.

They must compare the entirety of your past and current symptomatology, before it can conclude that there has been a material improvement.

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How To Determine Your Disability Compensation

To determine your disability compensation, you need to file a claim with VA. The VA rates your disability by severity after reviewing every piece of evidence in your claim.

You may only receive compensation for a single diagnostic code per condition, even if that condition satisfies more than one diagnostic code. However, those with more than one condition may receive additional compensation based on the combined rating system.

You may receive additional compensation if:

  • You have very severe disabilities or loss of limb
  • you have a spouse, children, or dependent parents
  • you have a seriously disabled spouse

Note: If you have more than one child or your spouse receives Aid and Attendance benefits , be sure to include the figures from the “Add” row.

Did you know: Veterans can use their disability income in conjunction with their VA loan benefits. Speak with a home loan specialist to see how much you can afford.

What Is The Va 10 Year Rule

The VA 10 year rule means the VA cannot eliminate a rating thats been in place for 10 years or more.

However, the rating can be reduced if medical evidence shows that the disability has improved.

There is always an exception to this rule if the VA determines that the original disability rating was based on fraud.

Recommended Reading: How To Increase Your Va Disability Rating

Other Ways You Can Lose Va Disability Benefits

A veteran can lose VA disability benefits if the VA severs a service-related connection to the disability. The VA can sever a service-related connection in either of the following situations:9

  • There is a finding of fraud.
  • The VA made an error in the initial decision to grant a service connection to the disability.

Other than severing disability benefits, the VA can also decrease the amount of disability compensation the person receives. This could be due to either of the following circumstances:

  • They receive military retirement pay, disability severance pay, or separation pay.
  • They are incarcerated in a federal, state, or local facility for more than 60 days because theyre convicted of a felony.

Although the VA makes the final decision about ceasing benefits, it is important for veterans to realize that they do have rights. First, they must receive advance notice that the VA is proposing to sever a service connection. Second, they must be given a chance to argue against the proposal to sever the service connection.

Challenging A Proposed Ratings Reduction

Can I Receive VA Disability Benefits While on Workers’ Compensation?

If you receive notice from the VA of a proposed rating reduction, youll likely want to appeal this proposal. Its important to understand what can happen during this process. Here is a brief look at some critical points you may want to consider:

  • You may have to repay money to the VA if your appeal is not successful.
  • If the VA finds that your disability rate was too high, an overpayment will be generated that youll have to pay back.
  • The amount of the overpayment could be significant.
  • If youre unable to repay the overpayment, the VA will likely withhold some amount from any future benefits checks until there is resolution of the overpayment.

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G Appealing An Adverse Decision On An Unemployment Claim

1. How do I appeal a decision from the EDD on my unemployment claim?

You have the right to appeal the EDDs decision to reduce or deny you benefits. You must submit your appeal in writing within 30 days of the mailing date on the Notice of Determination and/or Ruling .

You can download the Appeal Form or use the copy included with the Notice of Determination that you receive. Mail your appeal to the return address shown on the decision notice.

If you dont have a copy of the Appeal Form , or cannot print a copy, you can write a letter to the EDD to notify the Department that you want to appeal the decision to reduce or deny you benefits.

If you choose to write a letter, include all of the following information:

  • Full name
  • The name and mailing address of any representative
  • The reason for your appeal
  • A copy of the decision you are appealing or the date of the decision
  • Any request for language assistance or special accommodations

2. What happens after you file an appeal?

The EDDs Office of Appeals will notify you of the time and location of your hearing at least 10 days in advance. An Administrative Law Judge will conduct the hearing, and give employers and claimants a chance to present their evidence.

Note: If you live outside of California, your appeal will be conducted by phone.

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Va Disability Ratings For Other Veteran Issues

Its important to remember that different conditions are granted different disability ratings. Some common conditions are mental health disorders such as post-traumatic stress disorder , depression, and anxiety.

Post-traumatic stress can happen to anyone after they experience combat or another traumatic event. While some reactions to stress are temporary, others dont go away. Reactions that disrupt someones life could be PTSD. To establish a service connection for PTSD, the vet must provide evidence of an in-service stressor. They must also meet the following requirements:

  • They can show that the stressor happened during their time in service.
  • They explain how symptoms are interfering with their ability to function.
  • They receive a PTSD diagnosis from a doctor.13

In contrast to PTSD, there is no need to establish a stressor for a vet to be evaluated for service-connected anxiety and depression.14

As for determining the exact amount of disability payments or other benefits, keep in mind that one persons disability rating will differ from anothers the degree of disability depends on their unique experiences.

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Disability Pension Corrective Payment

If you received a benefit from VAC between 2003 and 2010 and it was under the Pension Act, you may receive a corrective payment because of a discrepancy in our calculations. Most payments are automatic, however, Please contact us at if:

  • You no longer receive a benefit from VAC, or
  • You represent the estate of a deceased recipient.

If you are legally entitled to inherit assets from the estate of a deceased recipient, you may apply to receive a corrective payment if you are eligible.

Veteran Justice Outreach Initiative

Can I Lose My 100 Percent Disability Rating If I Find A ...

The VJO initiative is designed to help Veterans avoid unnecessary criminalization of mental illness and extended incarceration by ensuring eligible justice-involved Veterans receive timely access to VA health care, specifically mental health and substance use services and other VA services and benefits as appropriate.

Learn more about the Veteran Justice Outreach Initiative.

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Turn Your Back On Other Veterans

I won one case for a Veteran because I knew a Veteran that had information about flights from Thailand that passed through Tan San Nhut airport in Saigon. The Veteran that gave me this information is not someone that I would have a beer with socially.

He and I have different backgrounds, different experiences, and have very different ideas about how the world should work.

But I believe Veterans should set aside those differences to help each other in their VA Claims leave the politics out of our battle against the VA.

That Veteran that you bashed on Facebook because you didnt like his or her position on VSOs, or gun-control, or abortion?

They may have been able to connect you to the evidence that could win your VA Claim or Appeal.

Given that, how important is the fight over political issues?

Im not saying you have to swap spit in the shower with every Veteran, or compromise your values or beliefs.

Just consider this: what makes soldiers and Veterans different from civilians, is that we are part of a family. A Team that despite our very significant differences puts the team ahead of the individual.

Connect yourself with other Veterans.

Keep the politics and religion out of it, and get down to brass tacks to find out how they are winning or not winning their claims.

What Are The Benefits Of Being A 100 Percent Disabled Veteran

The Civilian Health and Medical Programs of the Department of Veterans Affairs is a health care program in which VA will share the cost of certain covered healthcare services that exist for the spouses and children of disabled veterans with 100 percent disability ratings.

Vision Care and Hearing Aid Veterans Benefits: 100% Rating not Required. For vision care and hearing aid benefits, veterans do not actually need a total disability rating. All veterans with any compensable disability rating qualify for vision care and hearing aids.

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How Does The 5 10 20 Year Rule Va Disability Work

Certain VA disability ratings are protected based on the 5 10 20 year rule, and not subject to reevaluations or rating reductions.

However, any VA rating can be eliminated or reduced if based on fraud.

VA 5 Year Rule Explained:

The VA 5 year rule allows the VA to reevaluate your existing VA disability rating within 5 years of your initial examination, if and only if, your disability condition is expected to show material improvement over time.

VA 10 Year Rule Explained:

The VA 10 year rule means the VA cannot eliminate a rating thats been in place for 10 years or more. The rating can still be reduced if medical evidence shows that the disability has improved.

VA 20 Year Rule Explained:

The VA 20 year rule means if your rating has been in effect for 20 years or more, the VA cannot reduce it below the lowest rating it has held for the previous 20 years.

About The Va Disability Rating System

What to Do When VA Proposes to Reduce Your Disability Rating

Veterans with a disability that developed or worsened while serving in the military or due to military service may be eligible for Service-Connected disability pay.

Conditions covered by these benefits typically include:

  • Physical disabilities including hearing loss, chronic back pain, asthma and cancers caused by contact with toxic chemicals.
  • Mental disabilities including anxiety, post-traumatic stress disorder , depression and traumatic brain injury .

Find a complete list of covered conditions here.

For every disability claim, the Department of Veterans Affairs assigns a severity rating ranging from 0-100%. This rating moves in 10% increments, is based on service treatment records, VA medical records, and private medical records directly relating to the disability.

For Veterans with more than one disability, the VA uses the combined rating table to calculate your disability percentage.

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When And If Va Can Stop A Veterans Benefits

There are a few situations in which VA can stop a veterans disability benefits, and veterans should be aware of whether VA is properly withholding or ending their monthly disability check. We discuss a few common reasons why veterans may not be receiving all of their VA disability compensation, or why they are suddenly not receiving any.

What Is Hearing Loss

Hearing loss is fairly common in adults as they age.

According to the Mayo Clinic, approximately one-third of people in the United States between the ages of 65 75 have some degree of hearing loss.

Furthermore, nearly 1 in 2 adults past the age of 75 have permanent hearing loss.

Hearing loss is divided into three different types:

  • Conductive
  • Sensorineural

Mixed hearing loss is a combination of conductive hearing loss and sensorineural hearing loss.

Therefore, it involves hearing damage in the outer, middle, and inner ear.

Military personnel confronts additional dangers and concerns when it comes to hearing loss.

Service members generally perform job functions around loud machinery or explosions.

The repeated exposure to these types of loud sounds pays a price on your hearing as it slowly deteriorates over time.

Most types of hearing loss are irreversible which is why taking care of your ears and exposure to loud noise from an early age is so important.

Unfortunately, veterans often notice their hearing deteriorate at a much faster rate compared to the civilian population because of their job demands.

As a result, seeking VA compensation through a disability claim is often the best means of getting relief.

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Fight Back Dont Let The Va Reduce Disability Benefits Without Following The Law

Youll hear all sorts of horror stories about the VA reducing benefits.

* There is an old saying about the VA and I wish I could disprove it A Claim for Increase Will Get You a Decrease

* Veterans respond to Proposals to Decrease their VA Disability benefits by filing claims for increase on every condition. .often the end result is that a Veteran can make a reduction much worse and certainly more stressful.

* Veterans with protected ratings are still getting their VA Disability Benefits reduced.

* The VA assumes that because you take medication for a condition or because you use a CPAP machine to treat your Sleep Apnea that you are cured and shouldnt get compensation.

The problem is that while many of these horror stories are true, they are also effective at intimidating Veterans.

* Veterans that fear a proposal to reduce their VA Disability Benefits will not file a Claim for Increase in impairment rating when their condition gets worse.

* Veterans believe that the VA knows best and accept the proposal to reduce VA Disability compensation without fighting back

* Veterans dont know the law that should govern the VA when they try to decrease your VA Disability and dont put the right of evidence in their response.

* VSOs regularly advise Veterans to be happy with what they gotand not seek what they are entitled to so they might avoid a cut in VA disability benefits

What Can I Do If My Hearing Loss Claim Is Denied

Service

It is not uncommon to receive a denial letter from the Department of Veterans Affairs .

You should not be discouraged as there are other options for pursuing disability benefits.

For starters, veterans have the right to appeal a VA disability denial.

You will need to file a Notice of Disagreement VA Form 21-0958 with the VA.

Some veterans prefer to hire legal representation to help fight the appeal.

You can learn more about the VA disability appeals process by reading the VAs article on it here.

Read Also: How Do You Change Your Va Disability Direct Deposit

Can The Va Reduce A Permanent And Total Rating

No, the VA cannot reduce a Permanent and Total VA rating unless the original disability rating was based on fraud.

The major benefit of being deemed both Permanent and Total or 100% P& T is that your VA rating is protected from a future rating reduction.

This means the VA can NEVER reduce your rating!

What Can A 100 Percent Disabled Veteran Do With Their Money

A 100-percent disabled veteran is also eligible for home modifications if she owns a home. This money can be used to renovate a veterans home to make it more user-friendly for the disabled veteran. Horacio Garcia has been writing since 1979, beginning his career as the spokesperson for Trinity Broadcast Network.

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