Changed From Iu To 100% Schedular

[chinavet]

Spoke to 3 vets this week. They all applied for IU but

were rated 100% scheduler but not P&T. I was one

Of them.

A couple of questions:

Is this a trend to dodge chapter 35 benefits?

How hard is P&T after this?

Every report by VA docs over the years shows

My condition worsening. The C&Ps where they dredge

Up all the worst stuff are brutal.

I'm grateful for the rating. Tired and demoralized

That things are not over.

[chinavet]

No. I just got a service dog. It's been amazing.

I have a ton of physical issues. My lungs are horribly scarred from the pollution in China so I need frequent CT scans to rule out cancer.

Thank you!! When all is better I will stay on the radar.

What a relief!!!

[Aletta]

You should be able to get P&T by just asking for it. You've had your disorder(s) long enough, w/o improvement and you're over 55yo.

pr

Phillip, can you explain your statment on the age? I didn't think the RO was allowed to use age in determining ratings. thanks

[Chuck75]

The RO doesn't directly consider age, by law.

But, there is a chance - when a younger person is involved, that the condition will change.

It may get worse, or better. Having said that, If a condition is 100%, I'd question the logic in a decision that does not include P&T, probably NOD, and ask for P&T.

Unless the condition is normally considered temporary, and treatment generally has a record of causing improvement or even remission.

Some conditions are considered to be eventually terminal, yet may not fit a "scheduler" 100%, at least at the time of evaluation.

Prostate cancer is an example of a condition that really is unlikely to just go away with treatment, but it can be treated to the point that the diagnostic tests

produce a negative result. Ultimately, it may be terminal.

[Philip Rogers]

Phillip, can you explain your statment on the age? I didn't think the RO was allowed to use age in determining ratings. thanks

Under the rules for C&P exams and re-examination, the VA is not supposed to schedule exams on persons who are static (over 5yrs without improvement) and/or over 55yo. There is one more circumstance where they aren't supposed to re-exam but I can't think of it right now. Age is not considered in the ratings process, just for re-exams.

pr

[Aletta]

My hubby who is 68 goes for two C&P for IU. Will they consider his age and use that as an excuse for denial? They denied his claim for increase/IU. It is showing up in ebenifits as a new claim but it is a 'reconsideration' as I was able to get a nexus with a rational aggreeing with the previous nexus that didn't have a rational. Since then, I have submitted two other nexus stating he was P&T due to his SC PTSD before 2003 (when he first went into the VA health Care). I just wonder if they will deny it due to his age instead of his SC PTSD.

THe first nexus with a rational, was from a private theriphist dated March 2012. He wrote and mail us an 'update' since he is the one that sees him monthly if not more. I am going to take it to his C&P exams but I wonder if I should send it to the VSO to sent to RO? His C&Ps (two of them) are later this week. Advise???

I should add, the VA Behavioral health doc who changes yearly in July and only sees him for med review every three months has his GAF at 55 or 60 on his 'problem list' This letter from his theriphist has his GAF at 35- past year range 31-40.

Edited March 3, 2013 by Aletta

[Philip Rogers]

They won't approve or deny him due to age but shouldn't request any review C&P exams once a claimant is 55yo. They generally will give a C&P exam on any new claim. He would be best to pursue an increase, on the PTSD, as it's the easiest to get increased, provided there's evidence it's worsened. The main problem is most vets tend to minimize their "current symptoms," at the C&P exam. jmo

pr