Over 55

[cooter]

VA claims vets 55 and over, their SC injuries/diseases are considered as permanent, with no future exams. My question is; If that is truly so, why aren't they considered P&T?

Coot

[cooter]

What I'm thinking is, it could be the reason 55+ are getting future exams is because they filed a claim and that opened up his file for re-examinations. On the other hand, the VA could do what ever they want and get away with it most of the time.

Coot

I edited this to add "for"

Edited March 29, 2012 by cooter

[JT24usn]

http://cfr.vlex.com/vid/3-327-reexaminations-19775463

(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.

[robert51]

http://cfr.vlex.com/...ations-19775463

well that is what it says.. but I've seen those over 55 go for reexams all the time.. so ?????

i am 70 and IU and over 60 and asked for PT and they wanted a re exam so i took out my claim

[cooter]

My personal view with this is; When ever someone files for TDIU or even a claim that might put you eligible (If granted) for 100% Schedular/TDIU, it's better to state along with the claim, "If granted 100% please consider P%T"..Their suppose to consider it automatically, but alot of times they don't. Even if you think you don't qualify for it, state it anyway. JMO

Coot

[Philip Rogers]

What do you mean??? You cancelled your claim???

pr

i am 70 and IU and over 60 and asked for PT and they wanted a re exam so i took out my claim

[Philip Rogers]

Good point, cooter! They should just make the award, w/o a C&P exam, but you know the VA. That could be a valid agrument, tho. jmo

pr