20 Years

[clark l namias]

:D :D :D what can i do if they reduce my rating on hearing from 50% to 40%. thank you for all your help. i applied for an increase because of my back going down real bad and a tkr also, the vso had me apply for iu in late feb do you think this can drag out till 1 nov ? and thanks again 11b/13b nam 68-69 9th id, 70-71 101st abn :D :D :)

[Berta]

They would have to have medical evidence of improvement of the hearing loss to even attempt to reduce that.

Have you been able to send them all they have requested?

Did you get a VCAA letter yet for the TDIU claim?

Have you called the 800 # to make sure they received the 21-8940 form?

[sharon]

Would you please post the reason for the purposed reduction. Each case is different and it would help address what is going on with your case. If you have been service connected for:

1. 5 years - requires two evaluations before they can decrease your rating after 5 years of continuous rating.

2. 10 years - they can not sever service connection except fraud.

3. 20 years - they can not reduce your scheduler rating except fraud.

4. 55 years old - they are not supposed to reevaluate a disability after age 55 that is stable.

"The ten year rule applies to severing service connection, the twenty year rule applies to protected ratings (Title 38 CFR 3.951), if a disability has been static for more than five years, the VA cannot reduce on any one examination (Title 38 CFR 3.344)

[Pete53]

The VA can drag it out past November 1 as that is a 90 day window. Are you able to work? You really need to provide more info its hard to guess at stuff like this.

Start with SHaron's questions.

[cowgirl]

Thank you Sharon, glad I read this post, I don't recall hearing if a 55 year old is stabled* they aren't supposed to get reevaluated.

Cg'up2009!

*cowgirl humor

Would you please post the reason for the purposed reduction. Each case is different and it would help address what is going on with your case. If you have been service connected for:

1. 5 years - requires two evaluations before they can decrease your rating after 5 years of continuous rating.

2. 10 years - they can not sever service connection except fraud.

3. 20 years - they can not reduce your scheduler rating except fraud.

4. 55 years old - they are not supposed to reevaluate a disability after age 55 that is stable.

"The ten year rule applies to severing service connection, the twenty year rule applies to protected ratings (Title 38 CFR 3.951), if a disability has been static for more than five years, the VA cannot reduce on any one examination (Title 38 CFR 3.344)

[Commander Bob]

:P B) what can i do if they reduce my rating on hearing from 50% to 40%.

Edited August 16, 2009 by Commander Bob 92-93

[sharon]

§ 3.326 Examinations.

For purposes of this section, the term examination includes periods of hospital observation when required by VA.

(a) Where there is a claim for disability compensation or pension but medical evidence accompanying the claim is not adequate for rating purposes, a Department of Veterans Affairs examination will be authorized. This paragraph applies to original and reopened claims as well as claims for increase submitted by a veteran, surviving spouse, parent, or child. Individuals for whom an examination has been scheduled are required to report for the examination.

(:P Provided that it is otherwise adequate for rating purposes, any hospital report, or any examination report, from any government or private institution may be accepted for rating a claim without further examination. However, monetary benefits to a former prisoner of war will not be denied unless the claimant has been offered a complete physical examination conducted at a Department of Veterans Affairs hospital or outpatient clinic.

© Provided that it is otherwise adequate for rating purposes, a statement from a private physician may be accepted for rating a claim without further examination.

§ 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)

(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 ((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.