Why Does The Va Answer In Riddles?

[PainterBK]

I recently received a response to an iris request. Part of it states "your current rating of 70% is not subject to routine

future examination" Does that mean my 70% rating is considered permanent? Thanks in advance for any insight.

Bob K

[MRRRR5]

Painter,

your rating may fall under the "protected rating" status depending on how long you have had that rating; others may chime in to give more detail on this.

[PainterBK]

Painter,

your rating may fall under the "protected rating" status depending on how long you have had that rating; others may chime in to give more detail on this.

Thanks for taking time to respond. My 70% is a recent rating.

[USMC5811]

Maybe this might answer your question.

There is a lot of confusion and misunderstanding about just what a Permanent & Total rating is.

In the language of your VA, the word permanent does not mean that your benefit is permanent! To have a 100% P & T rating only implies that your dependents are eligible for benefits like Chapter 35 DEA & CHAMPVA.

Your rating is NOT protected! There is but one way to achieve a "protected" rating...you must hold it uninterrupted for 20 years. Until you've held the rating for 20 years VA may contact you at any time to evaluate your rating.

How do you know if your rating is temporary or permanent? You go to your original award letter and look for the secret codes VA likes to use to confuse you. If your award letter says "No future exams are scheduled..." that means that your rating is permanent. If you see "Eligibility to dependents Chapter 35 DEA / CHAMPVA are established", your rating is permanent.

Those phrases may differ from one VA Regional Office (VARO) to the next but there should be something similar on your award letter.

If you see "Future exams are scheduled" or similar, or no reference at all to future exams or other dependents benefits, your award is probably temporary.

VA establishes the rating as permanent when there is little chance that the condition will improve. VA makes a lot of mistakes when establishing the permanence of a rating. It's up to you to know what to do...nobody will do this for you.

As a rule, most mental health conditions and cancers will be temporary ratings.

A veteran must hold a 100% permanent rating for 10 years, uninterrupted, for his/her family to be eligible to apply for DIC benefits should the veteran die of anything other than a service connected condition.

Edited August 29, 2012 by USMC5811