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No Future Exams


Cavman
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Question

When I got my award starting in 2005 it stated...NO FUTURE EXAMS... So I`ve heard on Hadit that they can and do change that decision. How can they get away with that legally?

Cavman

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I'm not questioning how it reads, but the "No Future Exams" is the same as saying that at this time their are no future exams scheduled. The VA can, if it is noted that your condition has improved, request an exam to determine if it is so.

After reading several posts on this subject, I'm not even sure they need to have a reason before scheduling a future exam, but they do have to have a clear and unmistakable reason to lower your disability percentage and that it not be because your condition has periodic ups and downs and they examine you during one of the up periods when it appears your condition has improved. They must show that your condition has actually improved and not just temporarily.

Just to remember to maintain your medical records and keep a log of your condition. If your married or have a friend who sees you regularly, have them document what they observe over time so you will be able to show a continuity of symptoms and treatment. Also if possible, have your Dr inter into your medical records progress notes from time to time, stating that your condition has not medically and/or physically improved over time.

Rockhound Rider :D

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"NO FUTURE EXAMS" means you are P&T but the VA can and sometimes, but rarely, does schedule another exam. They start off under the pretense that they are "looking out for you" and schedule an exam to see if your condition has "worsened." You think "isn't that nice they're looking out for me" but in reality they're looking to reduce your award. Just make sure you attend all appointments, as required, and keep records of the appointments and you should be okay.

pr

When I got my award starting in 2005 it stated...NO FUTURE EXAMS... So I`ve heard on Hadit that they can and do change that decision. How can they get away with that legally?

Cavman

Edited by Philip Rogers
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Its long been a contention on Hadit that TDIU is better protected that P&T. All I know is 20 years is when you can breathe easy. Fact is it is very rare that I have seen a Vet complaining about being lowered so don't panic and if you get into a scenario where the VA wants to lower your rating you have Hadit to back you up.

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If have been Totally disabled for over 5 years the VA has a much harder time reducing you. They cannot reduce you ,legally, based on a single exam. They have to consider your entire record. That does not mean they may not try to reduce you, but probably not.

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A friend of mine got 100% P & T some years ago with no Future Exams-

then he got a letter last year saying he had to go to a C & P.

He was a wreck.

We wrote to the VA and even his wife sent them a letter

so they dropped the C & P idea right away.

It all depends on the circumstances.

He gets 100% P & T and SMC because they almost killed him and shortened his life. I prepared his claim myself.

The VA certainly could find no miracle to alter that fact.

Still -as others said here- the VA must find Significant improvement in any attempt to reduce a veteran's comp and most disabilities get worse with time and not better.

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Karnas v. Derwinski, the CAVC ruled that if there has been no improvement at all since the date of the last examination continuing the 100 percent rating, a reduction is prohibited. When deciding whether there has been improvement in the veteran's condition, the CAVC has held that the VA may look at both medical and non-medical evidence to determine whether a veteran's condition has materially improved.

anyone know if this still holds true and can anyone give me the cfr section that deals with this?

If have been Totally disabled for over 5 years the VA has a much harder time reducing you. They cannot reduce you ,legally, based on a single exam. They have to consider your entire record. That does not mean they may not try to reduce you, but probably not.
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