Jump to content
Using an Ad Blocker? Consider adding HadIt.com as an exception. Hadit.com is funded through advertising, ad free memberships, contributions and out of pocket. ×
  • 0

Award Letter Recieved


nsallies

Question

50% Depression/30%migraines and now 30% for coronary artery disease. Claim filed May of 09 and Award letter today. They want to re-evaluate me for the Depression and migraines but they just sent me about 9 months ago for a re-evaluation. Any Ideas of why they want to waste my time and their money for another QTC exam I had 9 months ago?

Link to comment
Share on other sites

  • Answers 4
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

4 answers to this question

Recommended Posts

I have had the same percentage for Depression 50% and migraines 30% since 1999. How long does one have to have a service connected disability before it becomes permanant?

Link to comment
Share on other sites

  • HadIt.com Elder

Some re-evaluations are requested because 'your condition is expected to improve'. My award letter has me scheduled for a re-eval early next year and includes that text.

Link to comment
Share on other sites

Borrowed from elsewhere,

"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. <br style="min-width: 0px; color: rgb(102, 0, 0); "><br style="min-width: 0px; color: rgb(102, 0, 0); ">

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. <br style="min-width: 0px; color: rgb(102, 0, 0); "><br style="min-width: 0px; color: rgb(102, 0, 0); ">

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. <br style="min-width: 0px; color: rgb(102, 0, 0); "><br style="min-width: 0px; color: rgb(102, 0, 0); ">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. <br style="min-width: 0px; color: rgb(102, 0, 0); "><br style="min-width: 0px; color: rgb(102, 0, 0); ">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. <br style="min-width: 0px; color: rgb(102, 0, 0); "><br style="min-width: 0px; color: rgb(102, 0, 0); ">"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. "

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Ads

  • Ads

  • Ads

  • Our picks

  • Ads

  • Popular Contributors

  • Ad

  • Latest News
  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • How to get your questions answered...

    question-001.jpeg

    All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

    Tips on posting on the forums.

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.
    2. Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.
    3. Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.

    Leading to:

    Post clear questions and then give background info on them.

    Examples:

    • A. I was previously denied for apnea – Should I refile a claim?
      • was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?
    • B. I may have PTSD- how can I be sure?
      • I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?

    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

    Note:

    Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

    This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

×
×
  • Create New...

Important Information

{terms] and Guidelines