Is Tbi Compensation Permanent?

[bigoc]

I am wondering how you can get a TBI compensation considered permanent?

The decision letters I have received state that TBI can not get worse. Medical research to include the VA have determined that TBI can not get better. Yet the VA decision letter states that this condition is up for further evaluation.

Is there a way to change this status? Proving income for things such home purchase and other situations is difficult when trying to add your VA compensation to your total annual gross income.

[carlie]

See if your doc's are willing to write that your SC'd disabilities are static in nature

and submit it to your VARO.

JMHO

[bigoc]

Thanks I will try that. I wonder if using the VA's own decision letter to me that states that the condition is static?

[Carl the Engineer]

In my case, the letter from the VA did not state which of my disabilities were "static". However, when I was visiting my CVSO, I seen a letter in my file from the VA breaking down my percentages by disability. I asked if I could have a copy and she said that she is not supposed to show us (claimant) as it has the raters name on it. I told her to cover that part up and give me a copy and she did. It said which of my disabilities were static. First, I did not even know about static disabilities until I seen that, second, I think the CVSO officer has documents that they don't show us. So, I would ask your CVSO if she has a letter from the rater stating what disabilities of yours are static. Then you can work on the rest. As a side note, most of my static disabilities are arthritis related, DDD and DJD issues. Stuff that doesn't heal. etc.... Hope this helps...

Hamslice

[carlie]

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=922967a3e47ebd7d372667a169c31a32&rgn=div8&view=text&node=38:1.0.1.1.4.2.67.134&idno=38

§ 3.327 Reexaminations.

(a) General. 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. Generally, 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 that the current rating may be incorrect. Individuals for whom reexaminations have been authorized and scheduled are required to report for such reexaminations. Paragraphs (b) and © of this section provide general guidelines for requesting reexaminations, but shall not be construed as limiting VA's authority to request reexaminations, or periods of hospital observation, at any time in order to ensure that a disability is accurately rated.

(Authority: 38 U.S.C. 501)

(b) Compensation cases —(1) Scheduling reexaminations. Assignment of a prestabilization rating requires reexamination within the second 6 months period following separation from service. Following initial Department of Veterans Affairs examination, or any scheduled future or other examination, reexamination, if in order, will be scheduled within not less than 2 years nor more than 5 years within the judgment of the rating board, unless another time period is elsewhere specified.

(2) No periodic future examinations will be requested. In service-connected cases, no periodic reexamination will be scheduled: (i) When the disability is established as static;

(ii) When the findings and symptoms are shown by examinations scheduled in paragraph (b)(2)(i) of this section or other examinations and hospital reports to have persisted without material improvement for a period of 5 years or more;

(iii) Where the disability from disease is permanent in character and of such nature that there is no likelihood of improvement;

(iv) In cases of veterans over 55 years of age, except under unusual circumstances;

(v) When the rating is a prescribed scheduled minimum rating; or

(vi) Where a combined disability evaluation would not be affected if the future examination should result in reduced evaluation for one or more conditions.

© Pension cases. In nonservice-connected cases in which the permanent total disability has been confirmed by reexamination or by the history of the case, or with obviously static disabilities, further reexaminations will not generally be requested. In other cases further examination will not be requested routinely and will be accomplished only if considered necessary based upon the particular facts of the individual case. In the cases of veterans over 55 years of age, reexamination will be requested only under unusual circumstances.

Cross Reference:

Failure to report for VA examination. See §3.655.

[26 FR 1585, Feb. 24, 1961, as amended at 30 FR 11855, Sept. 16, 1965; 36 FR 14467, Aug. 6, 1971; 55 FR 49521, Nov. 29, 1990; 60 FR 27409, May 24, 1995]