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Ptsd Reevaluation Age 55


tanker31

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Can anybody advise if there is a regulation/law/etc... on the VA books that says that a veteran will not be reevaluated for service connected disabilities ( I am 50% PTSD, 10% tinnitus=60%, awarded 100% based upon unemployable ) once the veteran has attained the age of 55. Seems to me I read it either here or on a web search that stated veterans will not be reevaluated once they have reached the age of 55, unless "under unusual circumstances". If this is affirmative, can anybody advise the meaning of " unusual circumstances". I am 56 and will be 57 at a reevaluation scheduled for July 06. Can't think of any " unusual " circumstances in my history/background since my award. All help and thoughts appreciated.

tanker31

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Tanker,

This is what you are looking for, 38 CFR 3.327

(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.

UNUSUAL CIRCUMSTANCES usually means fraud, but as you should know by now, actually means, anything the VARO wants it to.

If you have a VSO, you should contact them, and ask them to point out 3.327(2)(iv) to the loval VA.

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Have you ever read the PTSD C&P exam available online to familiarize yourself with the specifics of what the examiner is required to look for when interviewing you? If so, great! You're on the correct path. If not, i strongly advise you to do so,my friend?

I know of no specific reg or regs you're asking about tho one or more may indeed exist.

Unusual circumstance(s) as far as PTSD is concerned can be the discovery of a secondary mental disorder such a neurosis not previously detected in your personality due to your SC condition which is a nexus and can move you to P/T.

If i can be of any assistance,let me know.

David

Can anybody advise if there is a regulation/law/etc... on the VA books that says that a veteran will not be reevaluated for service connected disabilities ( I am 50% PTSD, 10% tinnitus=60%, awarded 100% based upon unemployable ) once the veteran has attained the age of 55. Seems to me I read it either here or on a web search that stated veterans will not be reevaluated once they have reached the age of 55, unless "under unusual circumstances". If this is affirmative, can anybody advise the meaning of " unusual circumstances". I am 56 and will be 57 at a reevaluation scheduled for July 06. Can't think of any " unusual " circumstances in my history/background since my award. All help and thoughts appreciated.

tanker31

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Have you ever read the PTSD C&P exam available online to familiarize yourself with the specifics of what the examiner is required to look for when interviewing you? If so, great! You're on the correct path. If not, i strongly advise you to do so,my friend?

I know of no specific reg or regs you're asking about tho one or more may indeed exist.

Unusual circumstance(s) as far as PTSD is concerned can be the discovery of a secondary mental disorder such a neurosis not previously detected in your personality due to your SC condition which is a nexus and can move you to P/T.

If i can be of any assistance,let me know.

David

David,

Thank you for your reply. I have not read the PTSD C&P exam. Can you please advise where I might be able to find it on line?

Thanks, and MERRY CHRISTMAS TO ALL.

tanker31

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