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Re-evaluation

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magicnative

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Brothers and Sisters,

I am SC 70% with IU for PTSD as of 03/2004. Today I got a letter from the VA saying that I was going to be re-evaluated to make sure everything is proper. In my award letter it said "no further exams will be scheduled" and on the last page it said that I became P&T as of March 2004. Does anyone know about this re-evaluation? I don't have the date yet and they didn't call it a C&P. Is it really another C&P?

Thanks for your help,

Judi :angry:

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Guest fla_viking

Dear Fellow Veterans & Friends

The VA's denial of your right to appeal is in and of it self a finial ruling regarding your rights. Dont wait until they cut your benifits, The benifit of staying the actul cutting of benifits will be on your dollar.

Terry Higgins

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  • HadIt.com Elder

I think from what I have read in the VBM that if you are IU there is little chance of being reduced unless you go back to work. The VA has to show you have improved within a work situation and that is not possible if you are not working. Even if you have improved while out on IU they have to show somehow that you would maintain your current improvement in a job situation. How do they do that if you are unemployed? Total ratings that have been in effect for 5 years are hard to reduce. The burden is on the VA.

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Guest fla_viking

Dear Jhon

you are right regarding the burdon is on the VA. But I seen a vet on here one time where the VA took away his comp and it took 10 years of appeals for him to get it back. There are no consequences for the VA if they decide to do you wrong

Terry Higgins

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  • HadIt.com Elder
Brothers and Sisters,

I am SC 70% with IU for PTSD as of 03/2004. Today I got a letter from the VA saying that I was going to be re-evaluated to make sure everything is proper. In my award letter it said "no further exams will be scheduled" and on the last page it said that I became P&T as of March 2004. Does anyone know about this re-evaluation? I don't have the date yet and they didn't call it a C&P. Is it really another C&P?

Thanks for your help,

Judi :angry:

It will most likely be another C&P. I'd write them and ask what their basis is for the re-evaluation and state the info that 1968 Army VV posted here and emphasize those sections that pertain to your claim. Don't blindly follow like a sheep cuz it could cause you problems. Under TDIU, it's almost impossible to take it away unless you are working or the VA calls a CUE on themselves, in awarding it, which sounds to me like what they are intending to do. You really need to stay on top of this. jmo PR

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Patrick,

I haven't worked since 2003. I got a form a few months ago asking if I had worked. I filled it out and sent it back stating that I had not worked. PTSD/MST is my disability.

I was diagnosed two weeks ago with MS so I get to have this stress too. I did not file any new or additional claims.

My SO says it's a routine examination. I really can't understand it when my award letter said no further examinations and P&T. I am 10 steps forward and 50 backwards emotionally.

Judi

I have often wondered why the VA would grant 70% PTSD as IU, when it would be more appropriated to just make the vet 100%? If that is this veterans only disability, the VA can re-evaluate based on unemployability. Meaning they can if they feel like it check your ability to sustain gainful employment.

1. Sometimes the VA refers to Form 21-4140-1 as a evaluation.

2. Is the veteran working? If so, then a cross match from SSA and the IRS will generate a reveiw.

3. Did the veteran file any new or addtional claims? If so, the VA can reveiw any of the veterans disabilities upon filing a claim.

4. Is the veteran a combat veteran with the prerequsite medals such as a Purple Heart or other Combat awards?

If 2 and 3 apply then be prepared to explain the situation as best one can and be prepared to be bounced.

If 1 is the option, all veterans that are IU will receive this form for 19 years or till age 69.

If 4 is the answer, then by all means file an NOD and request a Denovo Review.

Patrick

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  • HadIt.com Elder

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Judi, Can you post verbatum the contents of the recent VA Letter that tells you of a re-evaluation. I think it's important to get clear on what they actually said vs. what you are hearing they said. What does the letter say exactly ??? ~Wings

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