I get treated amazing. I got shot 8 times including the head does three times had 70 units of blood died in the helicopter after fighting for 5 hours after I got shot. Out of 13 6 were still alive everyone was shot more then once mostly more then twice one was only shot twice I’ve been treated amazingly by the va literally saved my life many times But my recorded since I was shot im a war and medivaced out of country and spent two years at Walter Reed so I have a mountain of paper work
A couple of things I wished you had mentioned. The VA's own OIG has slammed the VA in 2018 and again in 2023 for scheduling re-examinations in violation of their own 5/10/20/55 policies that you covered. The question is, does the veteran have legal standing to fight a potential reduction if the reduction is based on one of these re-examinations.
It happened to me. I simply asked for a hearing and invoked the 55 year "rule". I pointed out that the VBA had to use the " clear and convincing" standard of proof. Which itself requires a hearing. Took 8 months. Got dismissed for lack of any clear need or convincing evidence. Their words. ALWAYS require a hearing based solely on the rule you believe another C'n'P violates...😊
It seems the 5 year rule should start from the date a retroactive payment is calculated since the conditon was recognized at that point in time at that percentage level. Kinda reminds me of va math.
I’m 100% Total and Perm and called the VA to ask if I needed to register with them and have periodic checks and they flat out told me “No.” They said as long as I was 100% Total and Perm I did not need to register or have periodic checks. The woman told me I was welcome to register and see the VA because it was a benefit, but I was under no obligation to do so. She said it would not impact my disability rating, which was 100% T&P upon retirement from the AF.
I have a question that I have been having difficulty getting a good answer. I am 64. I have had TDIU Perm and Total for 19 years and 11 months. I understand my income must be below a certain amount and if I exceed that, I can lose my TDIU. My question is this: Next month, I will have reached that 20 year mark, does the income cap remain in effect?
Ive been rated 100 percent since 2016. And recently made P&T in 2022....is it now 20years from 2022 to be protected? Or is it 20 years from 2016? If you can clear that up that would be great, alot of veterans are hearing different information. Thank you
No,no,no...100% even if not P/T is protected after 20 years from the 100% award. P/T is a status which only can come into question when fraud is alleged. Once P/T attaches a significant amount of reviews have already taken place. To rescind that fraud or a "clear and convincing " amount of evidence must be IN THE RECORD. So....Did you put it in ? No , so it really can't happen unless someone claims fraud and snitches !!!
Hello, I just got 100% P&T, I still have 3 claims awaiting for decisions, 1 still awaiting for P&C exam, 2 HLR. Should I go ahead with them or should I cancel the 2 HLR and the up coming P&C exam? Thank you.
They are only supposed to reevaluate anything that the new claim can be tied to. So if you've only claimed PTSD and sleep apnea but now you're going to claim a torn rotator cuff you should be ok because it is not a secondary condition to the other two.
