Does Va Mess With Sc When New Claim Opened

[blanco63]

If I opened a claim for bipolar disorder, are they allowed to and would they mess with my 50% sc migraines?

[Pete53]

They will look at it but unlikely they will change it unless something has changes since your grant

[JamesBreckenridge]

If I opened a claim for bipolar disorder, are they allowed to and would they mess with my 50% sc migraines?

Only if there was a clear and unmistakeable error,such as you being rated under the wrong criteria for migraines. They will fix an error, but should otherwise leave it alone. Remember, they can't reduce or deny something that they haven't included in the VCAA letter. If migraines aren't included in your VCAA letter, they won't touch it (unless it's they're granting or increaseing).

[carlie]

blanco63,

I am not posting this to scare you into not filing a claim for

increase by way of filing for an additional disability.

I am only posting my opinion on What VBA CAN do if they so decide to.

You posted you are 30 % SC for Migraines - that is DC 8100.

This is the criteria for DC 8100.

8100 Migraine:

With very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability 50

With characteristic prostrating attacks occurring on an average once a month over last several months 30

With characteristic prostrating attacks averaging one in 2 months over last several months 10

With less frequent attacks 0

When you file your claim for bi-polar disorder it will go before a decision maker.

If the decision maker decides to develop the claim by way of ordering a C&P, that will be done.

If the C&P examiner should state anything to the fact like,

Veteran is currently SC at 30 % for Migraine headaches.

Veteran reports for today's examination and states he is happy that his

Migraine headaches have no longer been a problem for him.

Veteran states he only has minor occasional headaches perhaps

one in eight or nine months that are easily resolved by taking two OTC Tylenol

and it is no longer necessary for him

to lay down for a few hours when he has the rare and occasional headache.

SHOULD the above happen and your 30% SC for Migraines is not protected by being in effect for a full 20 years,

I can almost promise you that VBA will respond with a proposal to reduce compensation for Migraines.

I am not in any way suggesting that you do not file the additional claim for Bi-polar, I would file the claim if I had the medical evidence.

I am only posting this so you can clearly see the big picture for one example of how one could receive a proposal

for reduction in compensation or percentage level of disability.

jmho,

carlie

[cowgirl]

Thank you for posting this information, its reassuring - even to an old timer like me. I am cautious though.

I've been under the impression if a vet requests initiial service connection for a new condition or an increase for any service connected (SC) issue the entire claim file is open for review and/or consideration. Then a reduction is possible? Am I wrong?

For example, I requested an increase for a specific condition and individual unemployability. Each of my previously SC conditions were 're-checked' during the exam and identified in the doctors notes. I don't recall the vague VCAA letter 'specifiy' more than one condition to be examined for even then. I had no reductions. (will be rereading the letter now).

Also, I had four different compensation exams over a span of 12 years including the same conditions before a code was corrected by my request.

Just adding my thoughts that most of the VCAA letters I've recieved have been 'generic' and non-specific, the examinations didn't follow suit and involved much more. My thoughts good to research and ask many, many questions to get the right results!

Best to y'all

Cowgirl'up!

Only if there was a clear and unmistakeable error,such as you being rated under the wrong criteria for migraines. They will fix an error, but should otherwise leave it alone. Remember, they can't reduce or deny something that they haven't included in the VCAA letter. If migraines aren't included in your VCAA letter, they won't touch it (unless it's they're granting or increaseing).

[broncovet]

James..

My experience has been somewhat similar to Cowgirl's. Help me make sure I understand what u mentioned in an earlier post.

Ex. Veteran is SC for hearing loss since 2002. In 2007, Veteran seeks increase for arthritis of the knee. The knee was fractured during military service, and has become arthritic, which often happens with broken bones. Veteran gets a new VCAA letter for arthritis in 2007, this VCAA letter mentions that I am SC for hearing loss. Does "mentioning that I am SC for hearing loss" in the VCAA letter mean that they are trying to do a reduction if they can? I have not been scheduled for a reduction exam, but if I attend a C and P exam for arthritis, does that mean I am going to have to start all over and AGAIN prove my hearing loss service connection?

If I have a C and P exam for the arthritic condition, is my hearing loss awarded in 2002 "at risk", even tho it was documented by the audiologist?

By the way, I am over 55.

Maybe I sound paranoid, but for as hard as I fought for my benefits, I would almost certainly go "off the deep end" if my benefits were reduced.

The VA likes those words, "usually"...Does that mean they wont call for a C and P exam when I am over 55..that is, how do I know if I am an "unusual case" or not?

[Vync]

It has been about 10 years since my second C&P exam, but I seem to remember being told in the special C&P appointment letter specifically what my exams would cover. It has been a long time, so their process may have changed.