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C & P Gone Wrong

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Closure

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Closure Contributor

Closure

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Hello Everyone,

I have a question, I recently had another C&P for an increase of my SC Bipolar disorder which has been SC since 2005. However, the Dr. staed this time that my SC Bipolar is not related to my military service. My question is why would she say that when the exam was not for that but for an increase. Since being SC for Bipolar I have been awarded SSDI soley based on my SC Bipolar Disorder. Also, I have been hospitalized four time this past year 2013-2014 for my Bipoar Disoder. The question is will this take away my SC Biploar which is currently rated @ 30%. Also I requsested another C&P exam. Dr. stated that my service treatment records were not available for review so therefore how can she make a decision. The last C&P Dr. was very thorough in her report for which I had my SC Bipolar established in May of 2011 of which was retroactive to June 2005.

Thank you all in advance for the HELP!!!

Closure, :sad:

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Buck52
Buck52

63SIERRA You should Request another Dr..it makes a big difference when the vet as a good re-pore with his Doc... don't say why just ask for the request! My old Doc left and went to another state

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Philip Rogers Grand Master

Philip Rogers

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I'm fairly sure you fall under the 5 yr rule, which protects SC once you hit the 5 yr mark. Even if they made an error, they cannot take it away. They can try to reduce you, not likely, but they can't take away the SC. Someone will correct me if I'm wrong.

pr

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BakerGeckos Enthusiast

BakerGeckos

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Ok here are the rules and to be honest I didn't know the 5 year rule...

5 year rule: If the rating has been in effect for 5 years, it cannot be reduced unless your condition has improved on a sustained basis (The VA must have documentation supporting this is a permanent improvement).

10 year rule: A service connected disability rating cannot be terminated if it has been in effect for 10 years. Compensation can bereduced if evidence exists that the condition has improved. The sole exception is if the VA can prove fraud, in which case the VA can terminate the benefits.

20 year rule: If the rating has been in effect for 20 years, it cannot be reduced below the lowest rating it has held for the previous 20 years. The only exception is if the VA can prove fraud.

100% rule: The VA must prove your medical situation has materially improved and as a result, you are able to perform substantial work

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diver Collaborator

diver

Posted
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I don't know about the rules but what happened to me was in 2000 I was awarded 30% for both knees. On 06 I went in for an increase. When I got there the Dr greeted me with "hello how are you today" standard greeting and I gave the stardard answer of fine. I did not think of it at the time. Well the Dr did no exam and told the VA that I said I was fine and did not hurt anymore. That was not true. The VA took that through out all the other evidence and dropped me down to 0%. It took me 3 years to get it back then 4 more to be rated to 60%.

I am not saying that this will happen to you but I would definitely start getting everything you can in order just in case. Get a new exam from your Dr showing you still have problems and be ready to dump all new evedance you have. Also maybe you can file a complaint about the exam and hopefully they would request a new exam.

Just hang in there and don't give up on it ever. When you have the problems and they are service related don't let them pull there tricks to get you to drop the claim or to accept a low ball

Good luck

Diver

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Philip Rogers Grand Master

Philip Rogers

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Ok here are the rules and to be honest I didn't know the 5 year rule...

5 year rule: If the rating has been in effect for 5 years, it cannot be reduced unless your condition has improved on a sustained basis (The VA must have documentation supporting this is a permanent improvement).

10 year rule: A service connected disability rating cannot be terminated if it has been in effect for 10 years. Compensation can bereduced if evidence exists that the condition has improved. The sole exception is if the VA can prove fraud, in which case the VA can terminate the benefits.

20 year rule: If the rating has been in effect for 20 years, it cannot be reduced below the lowest rating it has held for the previous 20 years. The only exception is if the VA can prove fraud.

100% rule: The VA must prove your medical situation has materially improved and as a result, you are able to perform substantial work

Thanks for correcting me, I should've checked my VBM!!! I seem to get the 5yr and 10yr rules mixed up. Sorry for the error!

pr

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