C & P Re-examination

[gunner]

I recall sometime way back a couple of years ago someone had information on the subject of VA re-examination for C & P after age 55. I am currently rated at 90% for numerous injuries and have been for quite some time. Does anyone have that or can you help me out. I received a call from the QTC Medical to report for a review of my C & P. I thought that you did not have to have that done after age 55. My doctors at the VA tell me not to worry but I am like major stressed out. Please help me with anything you can throw at me to help out.

[Berta]

A friend of mine got a letter like this and I helped him fight it-

then he got a letter saying he would not have to report to the C & P exam and would never be called in for a C & P again.

It depends on the circumstances- in his case he was 100% P & T with SMC and no chance of medical improvement at all-

I see you are 90%-are you still working? if not why didnt they award you TDIU?

[carlie]

gunner,

I think this is what you are referring to.

VA can call any vet in for an examination at any time.

As for making any reductions that's a different story.

Have you re-opened your claim for any reason ???

Perhaps TDIU ???

Hope this helps a vet,

carlie

§ 3.327 Reexaminations.

(a) 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 © 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.

© Pension cases. In nonservice-connected cases in which the permanent total disability has been confirmed by reexamination or by the history of the case, or with obviously static disabilities, further reexaminations will not generally be requested. In other cases further examination will not be requested routinely and will be accomplished only if considered necessary based upon the particular facts of the individual case. In the cases of veterans over 55 years of age, reexamination will be requested only under unusual circumstances.

Cross Reference: Failure to report for VA examination. See §3.655.

[26 FR 1585, Feb. 24, 1961, as amended at 30 FR 11855, Sept. 16, 1965; 36 FR 14467, Aug. 6, 1971; 55 FR 49521, Nov. 29, 1990; 60 FR 27409, May 24, 1995]

[gunner]

No I have not reapplied for an increase of my C & P. I was called while at work yesterday by the people from QTC to report for a C&P examination to re-evaluate my claim for C&P. I asked why this was happening and got no response from them. I'm throughly confused on this one. To answer another question somebody asked, my Doctors have been trying to talk me into going 100% TDIU but I told them that I wanted to continue working as it keeps my mind occupied vice thinking about the past and all my recollections. Thanks for the feed back and please keep it coming as I need your help.

[carlie]

No I have not reapplied for an increase of my C & P. I was called while at work yesterday by the people from QTC to report for a C&P examination to re-evaluate my claim for C&P. I asked why this was happening and got no response from them. I'm throughly confused on this one. To answer another question somebody asked, my Doctors have been trying to talk me into going 100% TDIU but I told them that I wanted to continue working as it keeps my mind occupied vice thinking about the past and all my recollections. Thanks for the feed back and please keep it coming as I need your help.

This doesn't make sense. Did you perhaps request that your disability be made P&T?

carlie

[gunner]

This doesn't make sense. Did you perhaps request that your disability be made P&T?

carlie

[gunner]

No I haven't applied for anything at all. Thats why this thing caught me by surprise as well. What do you make of it then?