proudveteran

Yes proudveteran,
and the vetearn should be able to use his older evidence that he/she used with the older disability   especially if its of static and in nature and the VA Decision was P& T with no future exams, that seems like they are double guessing them self.
Sometimes we just have to do the research   our self to cut through all of the VA mumbo jumbo   or also know as VA BS.
& not count on any VA Organizations to help  with the exception and expertise of a good VA Attorney.
 
...........Buck

i WAS JUST WONDERING
If a veteran files for a new claim or for increase...& the VA calls him/her up for a New C&P on his/her current disability  to see if any improvement and that claim is P&T Static and of nature...can the veteran use his old evidence back then  if they try to reduce the veteran sc% he /she is currently getting?.
Just because a veteran files a new claim or ask for increase for a different disability  why should that warrant a new C&P for the older disability?
that don't seem to make a lot of sense to me  if the VA sends the Veteran for a New C&P?
Anybody?

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..........

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.

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.

Since I got P&T in 2002 I have filed at least 7 claims for other AO conditions  and  a couple of CUE,s.       Since the VA is still years behind on just doing first time claims for much younger and more recent vets I am not too worried about them reducing me just because I file for an increase.  If you have been 100% for five years and are 55 or older I don't think they will mess with you unless you give them good reason.  However, it is always good to be prepared.  If you have good evidence for the 30% to 50% increase I would fly with it.  VSO's always tell you not to risk what you have and this can be good advice, or it can be really bad advice.  If there is money to be gained by filing they I say file.  If you are just adding another 10% to your rating then I would not do it.  I did file for an increase in my DMII rating when I started taking oral meds for it.  I would file for things that could be fatal or make money.  I would file for any cancer that is AO related.    I am waiting for them to make skin cancer presumptive.  I am pretty light skinned and my forearms took a beating from tropical sunlight.  Now I see the damage on my face, ears, and arms where I get some pre-cancerous lesions.
 
When I filed for my CUE to get a much EED the VA did bring up exams I had in the late 1980's that challenged my service connection,  but it was all bluff since I had been SC'ed for 15 years by then.  The VA can get down and dirty and really show that they are jerks who care nothing about vets.  If I have a good claim I will go forward with it.  The best defense is a good offense with these guys.  Look at Berta.  She has raked them over the coals  so often I think they are taking up a collection to send her to China as our secret weapon.

If you have another disability that is not secondary to the one you were rated for & it has not improved, I see no reason why they would mess with your current disability...a lot of other contentions can pop up at any given time...look at AO for the Vietnam Veterans  some times it can take years for AO related disability's to show up..
 you served you deserve
if you get increase to 50%migraines request the SMC's   
so if it was me I'd ask for an increase and request the SMC.
 
This is what I am going to do with a PTSD CLAIM.
 
jmo
 
..................Buck

Well, 100%P&T plus 60% can make a veteran entitled to SMC. Is that a compelling reason?

I asked a similar question to the DAV SO that I trust.  His recommendation was "you're at 100% P&T, don't submit anything to have the VA review what they've already awarded."
If there's a compelling reason, smart guys will add their two cents

The VA combines using VA math, even when a 100% single rating exists that is separate.
Since a combined rating is basically a black hole, it consumes any and all remaining disabilities.
But - - - what happens when a combined rating gets to 60%, entitling a veteran to SMC?
Other ratings may go beyond the 60% needed. What happens to them?
If the 60% is used up, then should the combining start all over?
Or, there is language saying something about used once that might apply to restarting a new VA
math combination?
 
 

Roger that. You have the constitutionally guaranteed right to remain angry. Please remember, you cannot whistle and call a bullet back when your anger finally bests you. 

Ive seen this time and time again... on the CP exam doc will write statement that favors veterans claim in a summary, but in the section where it asks, for instance .... does the veterans gerd affect ability to work,,, yes or no,,, they check no... and guess what the M21 looks at,,, the yes or no boxes..

heres an example of what they did to me for a service connected conditon that left a very large scar.. examiner wrote., patient states scar is painful when bending and painful with chenges in the weather. this is a large scar on the abdomin area..
THEN MIND YOU, right under that was the question., Is the scar painful? and she checked NO.. So I contested the exam in writing, and got another exam..
IT TOOK 4 CP EXAMS TO GET SERVICE CONNECTION FOR A 10 PERCENT SCAR!!!!!!
Read your CP exams very, very carefully, pay close attention to the yes or no questions...
The first exam I had for the scar was a goof because the doc put the wrong info down and minimized the scar.. the second exam was favorable.. but being va is in the business of trying to deny, they scheduled a third exam, this is where the examiner wrote that the scar was painful but checked the no box.. Finally the 4th exam caused a grant for 10 percent, ... 4 exams for a deep tissue 13 inch abdominal scar!!!!! The reason they were hell bent on denial was because I filed for tdui and they were looking to decrease me any way possible to remove me from the 70 percent accumulative rating .
I believe that they are trying hard to stop vets from seeing exams because they are getting busted either falsifying information or making grandiose mistakes

There are 2 Aid and Attendence's.
1. The first one is A and A PENSION, which is a needs based benefit for Vets who meet A and A criteria and who get a VA pension. A and A PENSIONERS can NOT be 100% as, by defination, they would be number 2, below.

2. The second is A and A Compensation (also known as SMC L). This is not based upon need.

There is a HUGE difference in pay between number one and number 2, above. Right now, SMC L (100% compensation plus A and A) married vets get about 3779 per month. However, PENSION A and A Vets would get MUCH less, or about $2085 per month for a married Veteran.

Housebound is the same thing. There is a PENSION housebound (SMP) which nets you an empty lolipop stick if you are 100% P and T.
However, there is a Compensation Housebound, called SMC S, which nets 100 percent Veterans about 347 per month over and above their regular 100 percent compensation.

Take your stuff to a VSO or hire a lawyer. For statutory HB all you have to do is have the percentages and just ask for it. If you are IU plus 60% that is all you need. You don't have to prove anything. Just write a letter to your VARO stating you are IU or 100% plus 60% and ask for "S".

Sure do wish that my concentration and ability to retain information was better, because this seems to be great info