Request For Exam

[AlMoss99]

I Just received a letter that they want to call me in for a exam. However, I am now classified at 100% I.U. (No examinations will be scheduled in the future). 27 May 2008 effective Aug 2005. In addition, I am receiving SS Disability Benefits. Has anyone heard of receiving notice of a exam after receiving 100% I.U.?

Thank you for any assistance.

[SLEDGE]

In the first place, you should get an introduction appointment with a new primary care doctor at the new VA before the move has been completed.

That covers you at the losing VA and at the gaining VA against them thinking too much into a given situation.

Keep yourself current on the books!

You can always change an appointment at the gaining VA if the relocation move interferes with your timely compliance, especially in the case of TDIU.

sledge

[carlie]

10/20 Year Service Connection/Ratings Protection

The 10 year mark for is for service connection. A condition that has been service connected for 10 years can not be severed unless fraud is involved. The clock starts ticking for conditions based on the effective date(s). This does not mean compensation can't be reduced.

The 20 year mark protects ratings. Absent fraud, disability ratings can not be reduced after they have been going 20 years. See your award letter for effective dates on each disability. Combined ratings are also protected after a 20 year period.

Example: You have been rated 50% for Condition A since 1990. You apply for SC for 4 more conditions and VA grants them in 2007. Because of VA granting them your new combined rating is 100% as of 2007. Condition A is protected from severance in the year 2000 and protected from reduction in the year 2010. The new service connected conditions would be protected from severance in 2017 and reduction in 2027. The clock started ticking on your combined 100% in the year 2007 so it would be protected from reduction in the year 2027.

If you apply for an increase for Condition A and are bumped from 50% to 70%, the 50% number is still protected from 1990 but the new 70% would start a new clock ticking (using the dates above). Meaning until you have held that 70% rating for 20 years, the lowest they can reduce you is back to 50% based on the fact that it was in effect for 20 years.

Even if a rater plugged the wrong numbers and wrongly awarded a combined 100%, they still can't reduce. Again, this is all assuming no fraud is involved. You can do the math by using the effective dates on your award letters.

"P&T" can be established at any time regardless of how long ratings have been held (via 100% scheduler or TDIU). If VA plugs all of your conditions and there are no future exams scheduled, then entitlement to Ch. 35 and ChampVA will be granted. If VA determines that there is a chance of improvement, there will be a future exam scheduled and "P&T" will not be established.

[AlMoss99]

I last date of award was 2005 Aug. based on 30% feet, 40% knees and 40% back. Based on that I was awarded 100% IU. (My original VA benefit was 1971 and I received a medical discharge at that time. My wife has been given CHAMPVA effective back 2005 Aug. and we have been receiving CHAMPVA benefits. My VA Rep. thinks they might have made a mistake (there's been a large turnover in the NY regional office because of the way they were handling claims (or I should say not handling claims). I did get a primary care doctor in Florida at the nearest VA facility. Although when I first came down I used a clinic that was subcontracted out by the VA (there care was poor so I requested a change to the VA run facility). Right now I'm in a sit and wait position - regarding the letter for C & p Eval.

[carlie]

" Right now I'm in a sit and wait position - regarding the letter for C & p Eval."

What do you mean by a "sit and wait position - regarding the letter for C & p Eval."

If you have been notified that a C&P has been scheduled you really need to find out where and when and if it's in NY then you need it re-scheduled for where you live now.

If VA has one scheduled for June 2009 - be sure of where it is and attend the appointment.

jmho,

carlie

[AlMoss99]

I just received my records from the WPB VA. According to what they entered they put in that I had a pain level of 0 ... when I'm in constant pain based on all my NY VA records. They also stated that my gait was fine. When I was a crutch to get around (based on lower back, knee and ankle problems).. They also did not note all my problems and atated that they performed exam's of my legs and ankles and feet. Without ever removing my pants or shoes how could they posibly do a diabetes test of my feet. This could have triggered the re exam. What can I do with the false reports?

[Berta]

"What can I do with the false reports?"

Would you be able to see a real doctor on the outside who could give a good report as to why you should continue to have 100% P & T Status?

It doesnt sound to me as though any of your conditions could substantially improve at all.

One of my best friends here got a letter like that 2 years ago-

long story but I suggested he and his wife write to them right away.

His situation was different from yours.

And it worked-he got letter back from Buffalo cancelling the C & P -No future exams EVER.

If you do get a IMO doc make sure they know too that you get SSA for this.

NYRO is ALL screwed up-what a shuffle they had.

I almost agree with your rep that maybe this letter was a mistake -

still maybe not- VA seems to pick on 100% P & T vets from time to time.You would think they could spend their time better working on all of the pending claims.