Award Letter And Future Evaluations

[jhman]

In my award letter there was a statement made saying "an examination will be scheduled at a future date to evaluate the severity of my service connected DDD l4,l5" I thought that was what the C&P's, other doctors were about? Does anyone know how soon these are scheduled years? months? Or these done periodically and do they effect your rating? If there is already a decision why have they scheduled this? thanks for any input.. Airborne

[pacmanx1]

VA EXTENDS ROUTINE FUTURE EXAMINATIONS SCHEDULE BY THREE YEARS VA will now schedule routine future examinations at five-year intervals instead of two-year intervals hoping to cut claims backlog.

by Larry Scott, VA Watchdog dot Org

-------------------------

On the third of this month we brought you this story:

BRADLEY MAYES OUT AS VA'S HEAD OF COMPENSATION AND PENSION (C&P) SERVICE -- Tom Murphy has been appointed Director of the Compensation and Pension Service for the Department of Veterans Affairs.

http://www.vawatchdo.../nf080310-4.htm

Many wondered what Murphy would bring to the table at the Veterans Benefits Administration (VBA).

Now, it appears one of his first acts was to extend the routine future examinations schedule by three years.

VBA Fast Letter is posted below.

-------------------------

DEPARTMENT OF VETERANS AFFAIRS

Veterans Benefits Administration

Washington, D.C. 20420

July 29, 2010

Director (00/21) Fast Letter 10-14 Revised

All VA Regional Offices and Centers

SUBJ: Procedural Change Regarding Routine Future Examinations

Revision

This fast letter is revised to comport with 38 Code of Federal Regulations (CFR) § 3.344. We changed the information on handling the results of a routine future examination on page 2.

Purpose

At the recent VBA Leadership Workshop, a recommendation was made to modify compensation claims processing procedures to schedule routine future examinations at 5-year intervals instead of 2-year intervals. This fast letter implements this procedural change to aid in the reduction of the rating-related claims inventory.

Procedure

This procedural change applies to reexaminations under 38 CFR §3.327 and is effective immediately. Claims should be thoroughly analyzed to determine if a routine future examination is necessary. Once it is determined that a routine future examination is needed, schedule the examination 5 years from the date of the rating decision, with the following exceptions:

o Prestabilization rating decisions under 38 CFR §3.327(b)(1).

o Discharge from military service due to a mental disorder caused by traumatic stress under 38 CFR §4.129.

o Malignancies that require reevaluation 6 months following cessation of treatment for active disease.

o Any other future examination required under other sections of 38 CFR Part 3 and Part 4.

38 CFR §3.327 states that 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. 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 the current rating may be incorrect.

Routine future examinations established prior to the date of this fast letter (excluding the exceptions listed above) will be automatically rescheduled for 5 years from the date of the rating decision through a software program. Regional offices will be notified when this has been completed. Until notified, all routine future examinations that mature should be advanced to a date 5 years from the date of the rating decision that established the need for the routine future examination.

Per 38 CFR §3.344(a), when the results of a routine future examination (set at 5 years out) show improvement of a disability that is subject to temporary or episodic improvement, a reduction in evaluation cannot be made based on only one examination, unless all the evidence of record clearly warrants the conclusion that sustained improvement has been demonstrated. The second examination should be scheduled for 18, 24, or 30 months from the date of the new rating decision per 38 CFR §3.344(b). Note that the provisions of 38 CFR §3.344(a) and (b) do not apply to disabilities which have not become stabilized and are likely to improve. Reexaminations showing improvement in these disabilities will warrant reduction in rating.

Adjudicate and promulgate all routine future examinations under end product 310 and 810 work items.

Point of Contact

Questions about this fast letter should be submitted to VAVBAWAS/CO/212A.

/S/

Thomas J. Murphy

Director

Compensation and Pension Service

[jhman]

Thank you for the information, that sums it up.Thanks again!!

VA EXTENDS ROUTINE FUTURE EXAMINATIONS SCHEDULE BY THREE YEARS VA will now schedule routine future examinations at five-year intervals instead of two-year intervals hoping to cut claims backlog.

by Larry Scott, VA Watchdog dot Org

-------------------------

On the third of this month we brought you this story:

BRADLEY MAYES OUT AS VA'S HEAD OF COMPENSATION AND PENSION (C&P) SERVICE -- Tom Murphy has been appointed Director of the Compensation and Pension Service for the Department of Veterans Affairs.

http://www.vawatchdo.../nf080310-4.htm

Many wondered what Murphy would bring to the table at the Veterans Benefits Administration (VBA).

Now, it appears one of his first acts was to extend the routine future examinations schedule by three years.

VBA Fast Letter is posted below.

-------------------------

DEPARTMENT OF VETERANS AFFAIRS

Veterans Benefits Administration

Washington, D.C. 20420

July 29, 2010

Director (00/21) Fast Letter 10-14 Revised

All VA Regional Offices and Centers

SUBJ: Procedural Change Regarding Routine Future Examinations

Revision

This fast letter is revised to comport with 38 Code of Federal Regulations (CFR) § 3.344. We changed the information on handling the results of a routine future examination on page 2.

Purpose

At the recent VBA Leadership Workshop, a recommendation was made to modify compensation claims processing procedures to schedule routine future examinations at 5-year intervals instead of 2-year intervals. This fast letter implements this procedural change to aid in the reduction of the rating-related claims inventory.

Procedure

This procedural change applies to reexaminations under 38 CFR §3.327 and is effective immediately. Claims should be thoroughly analyzed to determine if a routine future examination is necessary. Once it is determined that a routine future examination is needed, schedule the examination 5 years from the date of the rating decision, with the following exceptions:

o Prestabilization rating decisions under 38 CFR §3.327(b)(1).

o Discharge from military service due to a mental disorder caused by traumatic stress under 38 CFR §4.129.

o Malignancies that require reevaluation 6 months following cessation of treatment for active disease.

o Any other future examination required under other sections of 38 CFR Part 3 and Part 4.

38 CFR §3.327 states that 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. 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 the current rating may be incorrect.

Routine future examinations established prior to the date of this fast letter (excluding the exceptions listed above) will be automatically rescheduled for 5 years from the date of the rating decision through a software program. Regional offices will be notified when this has been completed. Until notified, all routine future examinations that mature should be advanced to a date 5 years from the date of the rating decision that established the need for the routine future examination.

Per 38 CFR §3.344(a), when the results of a routine future examination (set at 5 years out) show improvement of a disability that is subject to temporary or episodic improvement, a reduction in evaluation cannot be made based on only one examination, unless all the evidence of record clearly warrants the conclusion that sustained improvement has been demonstrated. The second examination should be scheduled for 18, 24, or 30 months from the date of the new rating decision per 38 CFR §3.344(b). Note that the provisions of 38 CFR §3.344(a) and (b) do not apply to disabilities which have not become stabilized and are likely to improve. Reexaminations showing improvement in these disabilities will warrant reduction in rating.

Adjudicate and promulgate all routine future examinations under end product 310 and 810 work items.

Point of Contact

Questions about this fast letter should be submitted to VAVBAWAS/CO/212A.

/S/

Thomas J. Murphy

Director

Compensation and Pension Service

[cooter]

In my award letter there was a statement made saying "an examination will be scheduled at a future date to evaluate the severity of my service connected DDD l4,l5" I thought that was what the C&P's, other doctors were about? Does anyone know how soon these are scheduled years? months? Or these done periodically and do they effect your rating? If there is already a decision why have they scheduled this? thanks for any input.. Airborne

It's been over 2 years since I was awarded 60% for my TKR (Total Knee Replacement). Unless your award say's P&T (Permament and Totaly), then they can, in the future call you back in for another exam to see if your injury has gotten better. If it's found to be better then they could give you a lower rating. I personly hav'nt been called in for one, but I'm sure some day they will. I take it your injuries are the results of your jumps. Mine are for the same reason. I'm sure someone else will chime in on this to help you even more.

[Testvet]

the VA can evaluate a SC veteran pretty much anytime they want to, a new claim allows them to re-evaluate all your issues to see if any have gotten "better" seldom have I ever heard about any vets being found to have gotten worse on this type of review usually the only issues that are found to be worse are the ones that you are asking for a higher percentage for and have the medical records to back up the higher percentage

they say after 20 years or age 55 they are not supposed to mess with you any more I hope I live long enough to test this theory I have been 100% P&T since Dec 2003 I just turned 55 last month SSD just did a 7 year review and said see you again in 7 more years there is not much hope for cardiac issues to fix themselves and the VA docs won't touch me I am a medicate only patient

I have never heard of any veterans getting a P&T award on any issue less than 100% award like PTSD, cardiac etc I have seen TDIU P&T which is where the veterans has an issue that does not meet the 1005 level but due to their SC issue they can't work so they are declared Totally Disabled Individual Unemployable

I would not worry you just got rated you have 3 years maybe even more before they call you in for a new C&P

[john999]

If you are over 55, are totally disabled and stable, they probably write you off if you are P&T. I have been P&T for 9 years. No exams except what I have asked for when filing new claims for the AO stuff. How does it feel to be a write off? I am surprised the VA does not write a letter each year asking if you are dead yet.

[jhman]

I have a question if you know, I was denied on 4 other claims for different injuries. If I sent the letter of disagreement for these and had new evidence for the denied claims within the year deadline would this effect my other claims that were SC in the initial claim. Debating on what I should do, thank you for any input!!

the VA can evaluate a SC veteran pretty much anytime they want to, a new claim allows them to re-evaluate all your issues to see if any have gotten "better" seldom have I ever heard about any vets being found to have gotten worse on this type of review usually the only issues that are found to be worse are the ones that you are asking for a higher percentage for and have the medical records to back up the higher percentage

they say after 20 years or age 55 they are not supposed to mess with you any more I hope I live long enough to test this theory I have been 100% P&T since Dec 2003 I just turned 55 last month SSD just did a 7 year review and said see you again in 7 more years there is not much hope for cardiac issues to fix themselves and the VA docs won't touch me I am a medicate only patient

I have never heard of any veterans getting a P&T award on any issue less than 100% award like PTSD, cardiac etc I have seen TDIU P&T which is where the veterans has an issue that does not meet the 1005 level but due to their SC issue they can't work so they are declared Totally Disabled Individual Unemployable

I would not worry you just got rated you have 3 years maybe even more before they call you in for a new C&P