would an increase migraines from 30 to 50% risk my 100%?

[proudveteran]

I am currently 100% p&t for more than 5 years. I am also rated at 10%knee, 10%back 10%foot and 30% for migraines, but I meet the criteria for 50%. If I apply for an increase would I be putting my 100% p&t in jeopardy? 

[justrluk]

I agree with John. If for any reason they propose to reduce (and God knows, they might), the added percentage would accurately reflect your condition. That said, if you receive full treatment for the condition and have no future exams, what's the point of putting yourself through the frustration of requesting an increase, waiting for a C&P, etc.? Do you feel it will make your relationship with the VA any different? Will it afford you SMC for a given condition? If there is a possibility in a change of benefits, I would apply for the increase. If there is no real change in your benefits, I would let it go. JMHO.

[proudveteran]

The DAV has always told me that I should not pursue an increase. They said any time they look at your file they either reduce or increase.

Last year I received a letter about an appeal for an increase in PTSD (which I never filed). The letter said that the VA needed me to come to a video conference to plead my case. I told the DAV and they suggested I drop it, so that I don't risk anything. I agreed, and  they said they would send the VA a letter asking for the claim to be dropped. 

A couple of months ago I received a letter saying that they had  done the video hearing without me (I don't know if the VA sent the letter). The board found that I was entitled to a change from unemployability to 100% P&T and I would receive back pay to 2010......

Sometimes you can't trust the DAV.

[proudveteran]

The DAV rep recently told me that 30+10+10+10 will equal and additional 60% and that I should wait several months for them to audit my file. If I don't receive it  we will send them a letter.

I'm not holding my breath.

[Navy04]

Be very careful bud as this just happened to me a few months ago. I was already 100% SC when I filed my last FDC Nov 2014. Claim was at Prep for Decision for over 2 months, then in Feb 15 claim went back to Gathering of Evidence and VA ordered a ton of C&Ps at 2 different VAs. Then while I was at the VA for C&Ps, I was informed that all of my high %s were being Reviewed even though I was not Scheduled to be Reviewed until Feb 2016. Those Re Evals were brutal especially the PTSD. Well it backfired in the VAs face, as all were continued and my Migraines was increased to 50%, as I have documented Abnormal Brain Scans and I get 40 injections every 3 months thru the VA Neuro. In fact my last 2 original conditions, Scars and Nerve Damage were reviewed a few months ago, and is in Prep for Decision Phase. Only you can decide what is best for you, but be prepared my friend.

[proudveteran]

Thanks Navy04. I'll consider it carefully. I would hate for them to take away my P&T. It adds peace of mind. 

 

[Fat]

It's all scare tactics.

The regulation reads if a disability worsens you can file for an increase.

I think with the backlog they wont create more work for themselves.

If its already service connected, the extra work of dealing with a claim is greatly reduced.

Scheduling a C&P exam shouldn't be too hard to verify the increase in disability.

I say file.

You will never get what you deserve being idle..........