Award Letter Recieved

[nsallies]

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?

[nsallies]

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?

[Vync]

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.

[carlie]

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. "

[Tbird]

38 CFR 3 Protection of ratings

http://tinyurl.com/2cdjqes