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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Most Common VA Disabilities Claimed for Compensation:   

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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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Re Evaluation


Question

I was wondering if anyone might have gone though this:

I have been rated at 70% with 100% IU for about 5 years for PTSD. For the last couple of years, I have been recieving a form from the VA asking me if I have worked. I fill it out no and send it back. I got one this February and sent it back. In April, I got two seperate letters talking about my family possibly being eligible for CHAMPVA in one letter and Chapter 38 education benefits in the 2nd letter. I finally called the VA and asked if I had been made P&T. The person I spoke to on the phone said that they are no longer able to see if someone is P&T in the computer. I explained about the letters and they said I must be if I was getting those letters. I asked about future exams and they saw none scheduled. They then asked me if I had asked for my case to be reviewed and I said I hadn't. They told me it was before the board. At that point, there wasn't much I was going to ask and figuered I had gotten the letters as some action taken.

On Friday afternoon (I just love how they do that), I recieved a letter in the mail that I am to report for a C&P exam on 9/11 in connection to my claim. I have no clue what is going on and when I had spoke to the VA before 3 years ago, they told me I will not need representation for a re eval.

Anyone? And what can I expect during this exam?

Thank You.

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I second Patrick and John. Just make darn sure the VA receives the quetionaire within the 60 days, or they'll reduce the IU to the veterans actual percentage.

Vike 17

I already did the 4140 in February and sent it back. Have been getting them for a couple of years. I am being sent for another Compensation and Pension Exam. I finally was told why today, which I had already guessed, but simply because my file moved from one state to another, this state's automatic procedure is to immediately schedule a C & P exam BEFORE even looking at the file. So now, I am trying to get someone to tell me what happened in April to generate the two letters one for CHAMPVA benefits and the other for dependent education while my file was before a board in the first state. Noone in the state I am in now seems to have a clue.

Thank You.

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  • HadIt.com Elder

Seems P & Ts are getting re-evaulated regardless of how long they have been on 100% comp at P % T-

and even regardless of age-

I have a friend who is very upset- they are re-evaluating him and he is well over 100% direct,gets, SMC, and is an AO vet with GSW and PTSD-

This seems to be the key:

§3.327 Reexaminations. (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 (:D(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

The VA seems to interpret this to mean-

if there is no evidence the disability is static-

then the VA, by virtue of re-evaluation-will attempt to determine if the condition has had material improvement.

A static medical condition is one that will not change-

(the definition of P & T)

I suggest that you try to get your docs to state in the med recs-ASAP- that your conditions are static-

if they are medically- and then this might stave of a re-evaluation-

The VA manipulates these regs in order to attempt to re-evaluate a vet and then have a potential to lower comp-which usually doesn't happen-

because they cannot find any "substantial improvement" evidence.

You would think they would have better things to do- when you consider how much VA work time a re-evaluation takes-

I would think that a current letter from ones' doctor sent to the VARO re-garding a Re Valuation attempt that states your condition is static and manipulates the regs right back at them- possibly could avert a Re-evaluation C & P.

Not to mention the stress this causes veterans who are P & T.

How can something Permanent AND Total not be static?

Oh yeah-if a doctor writes a statement stating that your disabilty is static, thus without change- it might pay to attach the medical definition of "static" to this also.

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  • HadIt.com Elder

Would you say that the VA is trying to cut benefits or what?

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What if you are TDIU P&T. How would they reevaluate you? If you are not working are they going to try and prove you can work even if you have not worked in five years? I understand that during the Reagan years back in the early 80's the government just threw many people of SSDI and SSI just to see who would try and get it back and who would just take it.

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  • HadIt.com Elder

Catto- do you mind telling us which VARO this is coming from?

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