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Asthma "likelihood Of Improvement"

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Vync

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  • Content Curator/HadIt.com Elder

In 2009, I was awarded a 60% asthma rating for meeting "intermittent (at least three per year) courses of systemic (oral or parenteral) corticosteroids" criteria. Since then, I have met or exceeded the number of treatments each year. The award letter included the following statement:

"Please note: Since there is a likelihood of improvement, the assigned evaluation is not considered permanent and is subject to a future review examination."

How long does one need to continue meeting this criteria in order for the "likelihood of improvement" to no longer be a factor? Would an IMO be sufficient? If so, how should it be worded?

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Vync,

I would think this issue would be like most others. I think you could get ahead of the curve by getting an IMO, submitting a statement in support of claim as a fully developed claim and requesting re-evaluation. Hopefully, the VARO would do a desk-top review and simply make the change to "permanent" status. They may ask for a C&P, but with an IMO on file this shouldn't be a huge hurdle. Again, my speculation but I could see where your IMO might save you this worry down the road.

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Absent any substantial, marked improvement after five years, your 60% rating will become permanent ( but not protected). This means VA won't drag you in every two years for an ongoing dog and pony show to see if the asthma has resolved. VA regulations state this succinctly. After twenty years it is considered a protected rating and cannot be rescinded absent fraudulent actions to attain it. The five year rule has been known to be abused but is written to protect Vets. To do it, VA will have to come up with two (2) examinations that clearly show sustained improvement and not just a flash in the pan. I have read of Vets who got a C&P with less than 6 months to the 20 year mark who got reductions. These gentlemen admittedly no longer suffered as extensively from their maladies for which they were rated on a percentage basis, but it still seems like a cheap shot. VA is not your BFF. I don't care what your VSO tells you. If they can engineer a reduction legally, they will.

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  • Content Curator/HadIt.com Elder

In talking with Broncovet and a couple of other folks, the 5 year rule makes sense. In two years I will reach the 20 year mark for straight out SC of my asthma. I just had my DRO review and submitted a solid set of evidence to justify continuing the 60% rating, which also included recent PFT's qualifying in that range. Now to wait and see what happens...

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Expect a C&P exam between now and then for their opportunity to bushwack you. Keep your medical hx/dr. visits up to snuff to prove your condition is chronic rather than acute. I see your posted SC @ 90%? Not TDIU? Danger, Danger Will Robinson.

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