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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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jhorak101

Currently Rated At 100% , Waco Tx Varo Wants To Re Examine Two Conditions In June 2014.

Question

Hello I have been reviewing 38 CFR Part 4 for some information; I am looking for the "Chapter & Verse" if you will within 38 CFR Part 4 for how the VARO Rated each one of my conditions. The Decision report dated 28 Nov 2012 does not give the details that I am looking for. After my Title 10 USC Chapter 61 Disability Retirement from the Air Force in June 2005 , I filed for disability with the VARO in Waco TX July 2005, In February 2006 I was found to be 80% disabled , then in June 2011 I was increased to 90% by winning some appeals. In October 2011 I filed again for worsening conditions and in December I was increased again to 100% overall NOT for Individual unemployables. The report listed all conditions as Static except for two conditions, Tension Type Headaches and Gastroesophageal Reflux Disease (GERD) both rated at 30% , I am looking for these conditions in 38 CFR part 4 but cant find them listed , right now all my conditions are 70%,30%,30%,20%,20%,10%,10%10%,10%,10%,0%,0%, as of November 28, 2012 and they made it retroactive from September 2011. The VARO wants to re examine me in June 2014 for Headaches and GERD, so I want to look up these conditions in 38 CFR part 4 if anyone can help me I would appreciate it. And yes I am a member of a VSO but they did nothing to help me research this information all they did was give me the web site to the Government printing office and said go wade through it yourself. I did but have not been able to pin point these two conditions.

Thanks

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The VA can and will examine a 100 percent veteran at any time they want to.

Now that isn't a bad thing but they want to see if a disability has improved or not.

The have the right to do this. Is your rating Permanent and total?. If it i s, It really doesn't matter.

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

Now for some good news. there are protections available after 5 years and thereafter with a 20 year rule.

Hang in there and don't worry too much about it. It your situation hasn't changed it should be no problem.

J

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The VA can and will examine a 100 percent veteran at any time they want to.

Now that isn't a bad thing but they want to see if a disability has improved or not.

The have the right to do this. Is your rating Permanent and total?. If it i s, It really doesn't matter.

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

Now for some good news. there are protections available after 5 years and thereafter with a 20 year rule.

Hang in there and don't worry too much about it. It your situation hasn't changed it should be no problem.

J

Has something changed what is this 5 year protection you speak of.....

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From an earlier Hadit Topic: Carlie

When the issue of Protected Ratings comes up
it usually is in reference to the 10 and 20 years
levels of protection.


Sometimes a comment might be thrown in about
a 5 year level of protection.


I just finished reading (2 hours of reading) a document
that makes specific mention of the 5 years protection rule.


http://www.bva.va.go...ages220-262.pdf

Due Process in the Wake of

Cushman v. Shinseki: The Inconsistency of Extending

a Constitutionally-Protected Property Interest to

Applicants for Veterans’ Benefits

Emily Woodward Deutsch and Robert James Burriesci




" Once a beneficiary has been in receipt of benefits at a

particular rating for five or more years then the rating is considered

to be stabilized and additional requirements must be met prior

to reducing the evaluation.

191

After five years, in addition to the

above requirements, VA must provide the beneficiary with a full

and complete examination, in comparison with the examination

that was relied upon to grant the evaluation, prior to reduction,

and reduction will not be effected unless the examination reveals

sustained, material improvement.

192

In addition, after a particular

evaluation has been in effect for 20 years or more, then ordinarily

it may not be reduced.

193

The special protections triggered by an attempt to sever

or reduce a beneficiary’s entitlement make clear that VA provides

protections in excess of those required by the Due Process Clause’s

provision for a fair hearing as these due process protections focus

the burden of proof on the Government. As such, VA regulations

more than comply with the Due Process Clause."




The five years is alo supported by 38 CFR

Sec. 3.344 Stabilization of disability evaluations.

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My advice no matter what your rating is to go to the VA and get a PCP and do labs and see a doctor regarding your SC conditions even on a minimal basis. Be sure to complain every time you go about pain, depression, anxiety, and any other medical or psycho/social issues you have that relate in some way to your SC conditions and the impact they have on your life.

I know there are vets here who don't do this and some have good reasons. I don't like going to the VA, but I make minimal attempts to stay in the loop. If there was a clinic nearby I would make good use of that, but I hate a 15 mile drive to give urine. I do it to get my pills and they are always late. Is it possible to use a military hospital to give blood or urine samples for the VA?

John

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VARO told be your not considered P&T until you have been rated at your current rating for 20 years. From the decision I got they are only going to re examine two conditions in June 2014 , the others are considered static. But what amazes me is how the medical profession can think that a condition can improve, controlling it with medication is not improvement. I am still looking for these two conditions in 38 CFR part 4.

Thank You

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