Any Ideas ?

[Justme1949]

Can anyone tell me if once your rated 100% P&T is there any reason why a Veterans record would be looked at by the VA????? :( IF there has been no new claims, not IU, no home address change, or any calls to the VA to ask a question? I can't for the life of me think of any reason why a veteran would be on the VA radar screen. The reason I ask this question is because this veteran is a friend of my husbands who just received a letter for a C&P exam and he is freaking out. I know anything is possible with the VA but can anyone think of why a veteran who is 100% permanent and total have to go through a C&P exam . Forgot to mention he is 58 years old and the 100% is not fora mental condition. I just assumed once you have been rated 100% P&T your file is filed away. :) Thanks for any help!

Justme

[Hoppy]

I would verify that he was P&T and that he did not misunderstand the origial rating.

If we knew the medical condition that might provide information that would allow for more refined research.

[yoggie2]

© 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.

Edited May 20, 2009 by yoggie2

[broncovet]

The VA is REQUIRED to give the Veteran 60 days notice of a rating reduction.

If they dont do that, then the Veteran could surely appeal the reduction, and would likely win, as the VA is required to follow its own regulations if they get caught at it. They regularly violate regulations, but, when the Veteran catches them on it, it will usually be overturned upon appeal. Most of the time, the VA will try to see what they can get away with, since there never is any sort of penalty or accountability if the Va violates its own regs. In fact, it is the Veteran who pays a penalty when the Va violates regulations because the Veterans compensation checks will be delayed for years, and even when it is overturned upon appeal, the Veteran gets no interest on his money, even if they delay the claim for thirty years or more.

It isnt fair, its the VA "fuzzy math" way.

[yoggie2]

The VA is REQUIRED to give the Veteran 60 days notice of a rating reduction.

If they dont do that, then the Veteran could surely appeal the reduction, and would likely win, as the VA is required to follow its own regulations if they get caught at it. They regularly violate regulations, but, when the Veteran catches them on it, it will usually be overturned upon appeal. Most of the time, the VA will try to see what they can get away with, since there never is any sort of penalty or accountability if the Va violates its own regs. In fact, it is the Veteran who pays a penalty when the Va violates regulations because the Veterans compensation checks will be delayed for years, and even when it is overturned upon appeal, the Veteran gets no interest on his money, even if they delay the claim for thirty years or more.

It isnt fair, its the VA "fuzzy math" way.

I have been watchin this post and this is a very smart post and I my self find it to be a very factual, the only one hurt by this kind of action is the veteran in question on every level.. Good post! Yogg

[Stretch]

I know that this is about a fugitive felon situation, but it seems like the same request could be considered for a reduction that has a NOD on it.

This is a article from VaWatchdog.org Jim Strickland.

http://www.vawatchdog.org/09/nf09/nfmay09/nf051809-1.htm

Second, if a veteran is notified of a "fugitive felon" action, he or she should immediately submit a Notice of Disagreement, a request for personal hearing, notice to VA that the veteran does not wish to begin recoupment, a request for the Committee on Waivers and Compromises to meet and review. These actions will delay a reduction in payments and buy time to plan how to proceed. Ultimately, however, unless VA changes its mind on the issue, other legal action will be required (see next).

[broncovet]

Yoggie2

Thank you for the compliment. I know I have ticked a lot of people here off, because my opinions about the VA are often very negative. However, I think most people who have lost their home while waiting 7 years for the VA to "process" his comp claim would be mad also. My "hardship" request to prevent the loss of my home was shredded, and the VA RO issued at LEAST 3 decisions which denied my benefits AFTER the BVA had already awarded me full benefits. The VA did everything in their power to make me homeless, and have indeed suceeded at making millions of other Veterans homeless by endlessly delaying and denying their comp claims. I lost my home, my truck, and even treasured possessions as a direct result of the VA's failure to follow its own regulations.

I am considering going back and deleting every single post I made tho. Reason: I am convinced the

VA can/will/does retaliate on Veterans by reducing, delaying or denying their benefits. Berta is at risk of this, too.

It is one method the VA uses to keep it "business as usual" at the VA, so the VA can just ignore the VEt.

Veterans who would dare speak out about or complain about the VA can no doubt be punished through retaliation by reducing, delaying, shredding, or denial of benefits. It is a tool the VA uses to manipulate us: FEAR of benefit reduction by complaing or speaking out.

If they do retaliate on Berta by reducing her benefits, I personally will do everything in my power to stop the VA from crushing one of our own.

Edited May 21, 2009 by broncovet