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flow1972 last won the day on June 8 2022

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About flow1972

  • Birthday 12/30/1972

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  1. 38 U.S.C. 501 Section 3.327 Reexaminations General. Reexaminations, including periods of hospital observation, will be requested whenever VA determines there is a need to verify either the continued existence or the current severity of a disability. Generally, reexaminations will be required if it is likely that a disability has improved, or if evidence indicates there has been a material change in a disability or that the current rating may be incorrect. Individuals for whom reexaminations have been authorized and scheduled are required to report for such reexaminations. Paragraphs (b) and (c) of this section provide general guidelines for requesting reexaminations, but shall not be construed as limiting VA's authority to request reexaminations, or periods of hospital observation, at any time in order to ensure that a disability is accurately rated. (Authority: 38 U.S.C. 501) (b) Compensation cases - (1) Scheduling reexaminations. Assignment of a prestabilization rating requires reexamination within the second 6 months period following separation from service. Following initial Department of Veterans Affairs examination, or any scheduled future or other examination, reexamination, if in order, will be scheduled within not less than 2 years nor more than 5 years within the judgment of the rating board, unless another time period is elsewhere specified. (2) No periodic future examinations will be requested. In service-connected cases, no periodic reexamination will be scheduled: (i) When the disability is established as static; (ii) When the findings and symptoms are shown by examinations scheduled in paragraph (b)(2)(i) of this section or other examinations and hospital reports to have persisted without material improvement for a period of 5 years or more; (iii) Where the disability from disease is permanent in character and of such nature that there is no likelihood of improvement; (iv) In cases of veterans over 55 years of age, except under unusual circumstances; (v) When the rating is a prescribed scheduled minimum rating; or (vi) Where a combined disability evaluation would not be affected if the future examination should result in reduced evaluation for one or more conditions. The VA is notorious for not following this rule, but unless a new claim is related to an existing condition by being a secondary condition or the claim is requesting increase of an existing condition the above rules should be applied. Meaning, no periodic future examinations should be requested for "static" conditions, "permanent" disability, or when a veteran's age is over 55...EXCEPT UNDER UNUSUAL CIRCUMSTANCES. So..there isn't a law that they cannot reduce after age 55, but there is one that they aren't supposed to request exams where they "could" reduce after age 55 unless there is an "unusual circumstance"...and you'd better believe I'd be asking them to provide documentation on what that is.
  2. Isn't there a regulation about a rating having to be based on a condition as if it were "unmedicated"?
  3. Answered my own question..55 is a "protected status" from future periodic exams. But if you file a claim, they can review anything they want; but there is always the "long period of rest" argument in cases where you aren't working. Regardless, Tinnitus wouldn't be re-evaluated because it's already at it's lowest level; and I'd guess that your heart issues have likely not "improved" with age.
  4. Just going to point out that the OP is 73 YO. Isn't there a law that states that cannot reduce after age 55?
  5. I should have read this before I posted my most recent question. LOL!!!!!!
  6. Yep, 2 kids in college on Chapter 35. They get removed as soon as they start getting it.
  7. So, my hubby went straight from 10% to 80% back in May then a week later to 100% P&T. I had (back in 2020) filed a dependent claim in anticipation of the appeal we had out there to hopefully ensure they calculated backpay correctly with the dependent info on-hand. So..that didn't happen. When they calculated backpay, they only included myself as the spouse and didn't include our daughter who was 17 at the time of effective date. I called and asked what to do, and I was told to file the correct forms to have her added and that as long as they got the information within a year of the 80% award date, they would go back and backpay for her. I filed the 21-686c and 21-674 and literally put in the notes on both forms that the forms were for backpay only. I gave all of the dates, her graduation from HS date (she was 18 for her last 6 months of HS), and the date she began getting Chapter 35 benefits (from me). I mean, you would think this would be fairly easy stuff, right? Uh no. Somehow the dependency claim got stuck in limbo. A friend looked up what was happening for me and told me it was assigned to someone in Seattle then it get put back in the queue and someone else in "DC" picked it up. Then it was put back in the queue with no "trigger" to drop back down in to the work list for someone. (I don't know how all of that automation works, but apparently this was not correct procedure.) I was told to call the 1-800 number and have someone look in to it so that it could be corrected. First call.."I'm going to have to do a report on this. Let me put you on hold while I look in to something..." call disconnected. *sigh* I call back. Second call, "Well it looks to me like it's showing "Administrative Error". That's all I can tell you." Me: "Can you put me in touch with someone that can tell me what's going on? It's been 2 months since it was filed, and it shouldn't take 2 months to process." Agent: "I can put you in the Supervisor Queue. Hold on while I connect you." Call disconnected. *sigh* Good Lord. I wait another week...still nothing. I call my friend again and ask what else can I do? Well...you can file a Statement In Support of Claim and list everything in there that's happened. It should force the system to bring it up and get someone to know it needs to be worked. Ok, did that. Waited another 2 weeks...still no movement. I finally logged on to eBenefits a few days ago and clicked on the "Request Decision" button. It showed "Error". (insert me rolling my eyes) Then, I logged on to eBenefits yesterday to see if there was any movement. Yep, it is now in "Preparation for Notification" status. Finally! Here's the odd thing though that has me a little freaked out. When I look at "Dependents On Award" in eBenefits now, it doesn't even show ME on there anymore! It shows myself and our daughter under the "Dependents Not Currently On Award" list!!! I was like.."What in the Holy Hell are they doing!!!??" Call my friend...already off work. Will take a look Monday if you remind me. Uggghhhh I call the 1-800 number again to see if they can tell me what the heck is going on...."It shows someone is in the file right now. Sometimes when they are working on a file adjusting dependents it'll "reset" them in the eBenefits list. I still show you on the Award." Me: "I still show on the award in VA.gov as well. Can they just remove a spouse for no reason?" Agent: "They could if there was notification of divorce or something..or the Veteran hasn't responded with information requested." Me: "Well, that's not the case." Agent: "I'm sure it's fine." Given my experience, I'm not "sure it's fine". Does anyone have experience in this?? I will absolutely pull my hair out if they go and remove me and try to get the backpay already paid out back or something crazy. It should not be this difficult to correct dependents. It just shouldn't. The friend that's looked at this for me said he fought for 2 YEARS to have his newborn added to his backpay award correctly. They kept telling him that they would only pay to when they "first became aware of the child" not her birth date or some ridiculousness. He gave up. This kind of stuff is what freaks me out about all the crazy I'm seeing with this...
  8. I’ve heard a lot about how bad C&P’s were years ago. I feel lucky to have gone through the process more recently. Glad you eventually got what was due.
  9. Took my husband's attny 8 months to get it last year. I had made multiple attempts at requesting it...never got anything. At least you got it LOL.
  10. My husband was just rated 50% on Migraines due to TBI in Service. I agree with the advice to claim Migraines as long as you can give a reason for Nexus. The diagnosis is already in your file by the definition of your symptoms. Don't over think this stuff. If you want to include the Mayo Clinic symptomology for Migraine, it doesn't hurt. Also, I made my husband keep a headache journal for several months in preparation of the C&P as well as provided to his VA PC Doc. He already had the prescriptions in history for the Migraine meds as well as emails to his PC requesting further evaluation due to frequency and severity. He had started quarterly treatments of some kind of gel stuff that put in up his nose by the time the C&P came around. The rater took all of that and granted the correct rating. Items documented in journal: Date, (approximate) Start Time,(approximate) End Time , Intensity 1-10, Medication Taken, Required Lying Down In Dark Room (Y or N)
  11. Light sensitivity is just a symptom of a Migraine. It has no bearing on whether the Migraine is related to service or not.
  12. This is the same for spouses. My husband is SC on TBI and rated for Memory Loss. The C&P exams always ask him to answer questions about past events...with a memory issue. LOL I mean, it's not funny..but it's funny how ridiculous it is. I know him better than anyone, so I would go over with him the night before what the C&P he was going to was for and make notes for him so that he didn't forget anything. I hope you get the reduction reversed.
  13. Yep. In our State our Property Tax is reduced by the first $45K of property value, Tuition is waived for all State accredited schools for spouses or dependents, we can purchase a Sportsman's License for $12 per year verses the normal $94 per year, etc...
  14. It's been around 3 years or so since I started down the VA Claims path. From what I've seen reading through these forums, that's a really short period of time to have achieved what I've been able to. I've had a great deal of help from others on this site, and I've had my share of frustrations with the VA as well. In the end, it was absolutely worth it. My hubby and I are both Veterans. I started this whole VA thing more than 20 years after leaving service. Neither one of us knew anything about the VA until we got involved in a group with a bunch of Combat Veterans who convinced me that it would be worth my while to at least take a look at it. As of last week, we are both now 100% P&T. I've learned a lot along the way, and I try to help others with what I've learned as much as possible. Some tips: 1. Be organized with your claims. Site what you're claiming, what evidence you're using, and then highlight what you want them to read on said evidence. 2. Prepare for the C&P by reading their rating guidelines. Don't just show up. 3. If you don't have an event documented that actually happened, get a buddy statement. More than one if you can. The more, the better. 4. Do your research on what you're claiming before you submit it. 5. If some of your evidence is from PMR's, only submit what supports your claim. DO NOT grant the VA blanket access to your Private information. They will try to get you to sign a form giving them access, but the law only requires you to submit evidence that supports your claim. Don't cause yourself unneeded problems. 6. If you end-up hiring a lawyer, don't expect them to be as thorough as you would be about your case...or as fast. They will literally wait for the 1 year dead-line for appeal to actually file the appeal. And it won't be some multi-page legal brief. It will literally be one or two sentences siting the part of the law that was violated or whatever the basis for the appeal is. You will most likely never even speak directly with an actual lawyer. You'll deal with their legal assistant. Like anything else...some advice the legal assistants give is good..some isn't. If I'd listened to the legal assistant's opinion that filed the appeal for my husband, he wouldn't be at 100% P&T today. 7. When in doubt, claim it.
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