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5 Years Total Disable

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windy city

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i have read on this site that if you have been disable 5 years or more that it is hard for the va to reduce your %. what does this really mean, is it if you have been rated for a disablity at 100% for five years or is it 100% including all your disabilties combine. :mellow:

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  • HadIt.com Elder

For many years John and I discussed filing for SMC. A couple of years ago I filed and it was granted in less than four months. The only thing I lost was about 300 a month for over 16 years.

SMC does trigger a C&P and I guess that your flank is semi exposed but like I have seen many times before its surprising how easy the VA caves on this one.

PR and John I know that you guys could get it based on symptoms you report here on Hadit.

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not to sound naive or stupid but i am still confuse i have been t&p since 2004 when i was awarded iu with dependants benefits, champva and dea 35 for my family. i have other sc but in 2006 i was given 100% for ptsd. i have been seen my mental doctor on a regular basis but this last time i told him that a had good and bad days and he noted this on my reocrds and that the med are doing ok, that is the reason i am afraid to file. acn you plese explained it a little more detailed, im sorry if i soung stupid. thanks

What it means according to VBM is that if you have been totally disabled for at least five years the VA cannot reduce your rating based on a single examination. They can do anything they want but you have a good appeal is what

it really means. If you are total for five years and are over 55 it is even harder because the VA must have clear evidence you have improved. They have to examine your entire record and not just a quick snapshot by some doctor who thinks you have improved. For instance, you go to the VAMC and the doctor asks you how you feel and you say "I feel better". That is not enough to reduce your total rating especially after 5 years.

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can you guys read my reply for yesterday at 1:09 pm

quote name='Pete53' timestamp='1283691858' post='217377']

For many years John and I discussed filing for SMC. A couple of years ago I filed and it was granted in less than four months. The only thing I lost was about 300 a month for over 16 years.

SMC does trigger a C&P and I guess that your flank is semi exposed but like I have seen many times before its surprising how easy the VA caves on this one.

PR and John I know that you guys could get it based on symptoms you report here on Hadit.

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  • HadIt.com Elder

If I were you I'd file for SMC, for ED, tomorrow. It shouldn't cause you any problem. jmo

pr

not to sound naive or stupid but i am still confuse i have been t&p since 2004 when i was awarded iu with dependants benefits, champva and dea 35 for my family. i have other sc but in 2006 i was given 100% for ptsd. i have been seen my mental doctor on a regular basis but this last time i told him that a had good and bad days and he noted this on my reocrds and that the med are doing ok, that is the reason i am afraid to file. acn you plese explained it a little more detailed, im sorry if i soung stupid. thanks

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