C&P Exam for 100% rated

[Whirlwind27]

I'm rated 100% scheduler for 2 years. My ratings letter advises i'm not P&T due to one item (Planter Fasciti)s  possibly improving. Irony is even without that rating i would still be 100%. My ratings added are over 300% combined. I'm 55, on SSDI for service connected disabilities and unable to work. 

I recently (last week) did a C&P exam to check this item. Checking the benefits website it is in gathering evidence stage. I did not question the exam, thinking that maybe it will (after being reduced or remaining same) assist with my case being changed to P&T by rating officer.

Question: Should I upload to the claim, a statement the rating should not be reduced, and/or the claim should be rated P&T, since any change will not effect the 100% for the rating officer and/or whomever and copy part of Electronic Code of Federal Regulations?

§3.327   Reexaminations.

(iv) In cases of veterans over 55 years of age, except under unusual circumstances;

especially -

(vi) Where a combined disability evaluation would not be affected if the future examination should result in reduced evaluation for one or more conditions.

Thanks for any info or guidance.

 

[Buck52]

You can up load this but if I  was you I would go get an IMO and ask the Doc if he can look at your records that pertain to this disability& Examine you and give his opinion as to the condition now  that in his pro opinion your condition as worsen...also request P&T be given & Attach it.

Actually you should have already recieved the P&T plus possible SMC S or any that meets the SMC Criteria special ratings table!

Not saying anything bad against your VSO if you use one? but I'd sure question some of his actions  if this was my claims.

Note: Normally  a P&T Rating is given when the disability is of nature or static and not likely to improve in the veterans life time.

Never depend on a Rating officer to do the correct thing.

jmo

Edited June 7, 2017 by Buck52