"Fighting Back" Against The
VA's New Agenda Of Reducing Or Taking Away Veterans' Service-Connected Disability Compensation
In case you have not heard about the VA’s “new agenda” to reduce or possibly even take-away
many Veterans’ Service-Connected Disability Compensation
then you need to read this Article
As of September 15, 2005, 521 Veterans receiving 100% service-connected disability compensation in
which part of their compensation was for PTSD, received notification in writing from the VA that they have 60-days to Appeal
the VA’s decision to take-away their PTSD ratingIf the VA is successful, the result will be that these Veterans will
be returning to whatever their rating was before the VA included PTSD.
The above VA action is just the “FIRST-STEP” by VA before they start to reduce
or completely take-away compensation from disabled Veterans for other service-connected disabilities.Still don’t believe
it Visit my Website at the URL address listed below, and click onto #33 to see the story about the New
Veterans Benefits Commission, and #38 to see the story about the New Secretary of Veterans
Affairs Directives click onto
http://www.vfvs.com/VeteransCorner.html
Other related stories on the above Website are: #7, #8, #13, #18, #21, #39, and #43.
VA Attorneys Destroy Veterans’ Records to get Bigger Bonuses
Title 5 > Part 3 > Subpart B > Chapter 31 > Subchapter 2 > Section 3131 is known as The
Senior Executive Service section of this Public Law which provides for substantial $$$$$$ cash
awards $$$$$$ to Federal Managers “who are responsive to the needs, policies, and goals of the Nation”
“The lure of cash bonuses tied directly to the twin ‘goals’ of production and cost-efficiency can be
tragic for America’s injured defenders” said Veterans Affairs Editor David Eberhard in the August 28-September
10, 2000 issue of the “Stars and Stripes” Newspaper…
Eberhard was citing two attorneys that worked for the Board of Veterans Appeals (BVA) who drew prison time for separately
committing fraud in 1994 and 1995 for destroying records that were sent to them for review, and rejecting the Veterans’
cases on the grounds that the records were missing… The attorneys said on the records that “they believed the
quick denials would make them appear more productive and eligible for bigger bonuses”…
ALL DISABLED VETERANS receiving from 10%-100% service-connected disability compensation who
want to “PROTECT THEMSELVES” from these “SHAMEFUL ACTS”
by the VA and Our Federal Government, SHOULD IMMEDIATELY TAKE THE FOLLOWING “LAWFUL ACTIONS”
IN RESPONSE IF QUALIFIED:
[VA Form 21-4138 Statement
in Support of Claim and VA Form 21-0781 and 21-0871a for PTSD claims is set forth below in the URL address for those Veterans
who want to initially file their additional VA claims Pro Se (by themselves) and then later get a Veterans Service Officer
to assist them]. www.va.gov/vaforms/search_action.asp
If you feel you are “AFFLICTED” with any of the above SECONDARY
DISABILITIES from service-connected PTSD, or secondary disabilities from any of your other service-connected disabilities
and you are not receiving additional VA compensation for them because you did not know that you could file for additional
compensation or were afraid to do so, YOU SHOULD FILE IMMEDIATELY RIGHT NOW!!!
If you feel any of your “PHYSICAL or EMOTIONAL” service-connected disabilities are
“GETTING WORSE” and you are not receiving additional VA compensation for them because
you did not know that you could file for additional compensation or were afraid to do so, YOU SHOULD FILE
IMMEDIATELY RIGHT NOW!!!
If you feel you already have a “SEVERE PHYSICAL DISABILITY” or that any of your
“PHYSICAL” service-connected disabilities have “BECOME SEVERE”
and you are not receiving “SPECIAL MOHNTHLY COMPENSATION” for them because you did
not know that you could file for additional compensation or were afraid to do so, YOU SHOULD FILE IMMEDIATELY
RIGHT NOW!!!
SEE IF YOU “QUALIFY FOR:
- “Increased Compensation” for “Secondary Disabilities” caused by your
other Service-Connected
Disabilities including “alcoholism” under
certain conditions, or a *“Higher-Rating” if you are already receiving a “total rating” at 100%.
- “Increased Compensation” if you are “Homebound” or need “Aid Attendance”…
- “Increased Compensation” if any of your Service-Connected Disabilities “Get Worse” or a *“Higher-Rating” if you are already receiving a “total rating” at 100%.
- **Up to $7,000 or more a month in “Special Monthly Compensation”
(SMC) if you have a “severe physical disability” even if you are already receiving a “total rating”
at 100%.
**Up to $7,000 or more a month in “PRE-STABILIZATION RATING”
COMPENSATION for a “Minimum of 12-Months” Prior to and After Discharge for the Men and Women of the U.S. Armed
Forces who return home and who are temporarily or permanently “severely-wounded or disabled.” See # 13 @:
http://www.vfvs.com/VeteransCorner.html
- 100% Compensation “retroactive” if you spend 21-consecutive days or more in a VA Hospital which continues
as long as you are hospitalized during that same period even if you are only 30% service-connected.
- There are “no time-limits” to file an “original”
VA claim or to “re-open” any VA claim for service-connected disability compensation.
Additionally, there are “no limits” on “how many times”
Veterans Can file for an “increase” or “re-open”
their VA claims.
* A “Higher-Rating” if you’re
already 100% can qualify you for “Special Monthly Compensation” or protect you by giving you “leverage”
in case any of your other disabilities are “reduced” by the VA.
** $7,000
or more depends on the severity of your physical disability and how many dependents you have and if you are homebound or need
aid and attendance.
For all Veterans with a "SEPARATE” or “COMBINED”
service-connected PTSD ratings from 10% to 100%, since PTSD is an “ANXIETY DISORDER.”
“SECONDARY DISABILITIES” that may accompany and are often caused by PTSD are:
“MOOD DISORDERS” such as:
- Severe Chronic Depression a/k/a Major Depressive Disorder.
- Bi-Polar Disorder.
“Additionally, and unknown to most Veterans with PTSD, is that ALCOHOLISM” is also
considered a “secondary disability” caused by the PTSD and Veterans can be “compensated” for it...
All of the above “secondary disabilities” caused by PTSD including “alcoholism,”
make Veterans eligible to be rated with “secondary disabilities” resulting in “increased
compensation” or a “higher-rating” “without”
increased compensation for 100% “RATED” or “TDIU” Veterans.
As you will see in the examples below, and the accompanying Article, THERE’S A BIG DIFFERENCE between being “RATED
AT 100% and receiving 100% FOR “TDIU.” So it is especially important for Veterans who receive 100% FOR TDIU to
get “HIGER-RATINGS” if they have SECONDARY DISABILITIES or to apply for “Special Monthly Compensation (SMC)
if any of their “Physical Disabilities become “Severe.” SEE “CLARIFYING “RATED
VS. TDIU” #14 @:
http://www.vfvs.com/VeteransCorner.html
SAMPLE CASE SCENARIOS
EXAMPLE #1:
So let’s say right now you are receiving 30% for PTSD
and say 20% for hearing loss, which is a total of 50%. If you file and are granted an “additional rating” for
any of the above secondary disabilities, say an additional 40%, you will now be rated at 90%. Now say the VA wants to take
away your 30% PTSD rating. If they are successful, you will still be rated and receive disability compensation for 60% service-connection
as (90% minus 30% = 60%).
EXAMPLE #2:
For those Veterans who are “RATED”
at 100% or for those Veterans who receive 100% for TDIU of which a part of the compensation is for PTSD, although you will
not receive any additional compensation, if you are granted an “additional rating” for secondary disabilities,
it can give you leverage should the VA take away your PTSD RATING, or part of any other Disability Rating.
EXAMPLE #3:
FOR THOSE VETERANS WHO ARE “RATED” AT
100%: So let’s say right now out of that 100% rating, 40% is for PTSD. Now say the VA wants to take away your
40% PTSD rating. If they are successful, you will still be rated and receive disability compensation for 100%.
EXAMPLE #4:
Here’s another scenario for 100% rated Veterans. Let’s say
that right now out of that 100% rating 60% is for PTSD. If you file and are granted an “additional rating” for
any of the above secondary disabilities, say an additional 40%, you would than be rated at 140%. Now say the VA wants to take
away your 60% PTSD rating. If they are successful, you will still be rated and receive disability compensation for 80% service-connection
as (140%minus 60% = 80%).
EXAMPLE #5:
If you file and are granted an “additional rating” for any
of the above secondary disabilities, say an additional 40%, you would than be rated at 140%. Now say the VA wants to take
away your 30% PTSD rating. If they are successful, you will still be rated and receive disability compensation for 80% service-connection
as (140%minus 60% = 80%).
EXAMPLE #6:
Here’s one more scenario for 100% TDIU rated Veterans. Let’s
say that before you were granted 100% TDIU you were rated at 60% for various disabilities other than PTSD.
Let’ say that out of that 100% rating, 30% is for PTSD and 30% is for “UNEMPLOYABILITY.” You might think
that your total rating is 120%. It very well could be if the VA gave you a “SEPARATE RATING”
of 30% for PTSD and a “SEPARATE RATING of 30% for “unemployability” to bring you to 100% TDIU. However,
they also could have also given you a “COMBINED RATING” of 40% for “PTSD”
and “UNEMPLOYABILITY” to bring you to 100% TDIU. Unfortunately, in either case, if they took away your PTSD RATING
you would also lose your “UNEMPLOYABILITY RATING” resulting in your returning to your 60% VA service-connected
disability compensation.
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