Jump to content

Ask Your VA   Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
 Search | View All Forums | Donate | Blogs | New Users | Rules 

Top 10 VA Disability Claims Articles

  • homepage-banner-2024.png

  • donate-be-a-hero.png

  • 0

C & P Gone Wrong

Rate this question

Closure

Asked by Closure,

 Share

Question

Closure Contributor

Closure

Posted
Posted

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:

Link to comment
Share on other sites
  • Answers 21
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

Popular Days

Popular Posts

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

21 answers to this question

Recommended Posts

  • 0
  • HadIt.com Elder
Philip Rogers Grand Master

Philip Rogers

Posted
  • HadIt.com Elder
Posted

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

Link to comment
Share on other sites
  • 0
BakerGeckos Enthusiast

BakerGeckos

Posted
Posted

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

Link to comment
Share on other sites
  • 0
diver Collaborator

diver

Posted
Posted

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

Link to comment
Share on other sites
  • 0
  • HadIt.com Elder
Philip Rogers Grand Master

Philip Rogers

Posted
  • HadIt.com Elder
Posted

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

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to question listing


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!

  • Recent Achievements

    • One Month Later
      RICHKAY
      RICHKAY earned a badge
      One Month Later
    • Great Content
      pacmanx1
      pacmanx1 earned a badge
      Great Content
    • First Post
      czqiang1079
      czqiang1079 earned a badge
      First Post
    • Week One Done
      Vicdamon12
      Vicdamon12 earned a badge
      Week One Done
    • One Year In
      Panther8151
      Panther8151 earned a badge
      One Year In

  • Our picks

    • Caluza Triangle defines what is necessary for service connection

      Caluza Triangle defines what is necessary for service connection

      Tbird posted a record in VA Claims and Benefits Information,

      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
      Tbird

      Picked By

      Tbird,

    • Post in ICD Codes and SCT CODES?WHAT THEY MEAN?

      Timothy cawthorn posted an answer to a question,

      Do the sct codes help or hurt my disability rating 
      yellowrose

      Picked By

      yellowrose,

    • Post in Chevron Deference overruled by Supreme Court

      broncovet posted a post in a topic,

      VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
      Lemuel

      Picked By

      Lemuel,

    • Post in Re-embursement for non VA Medical care.

      broncovet posted an answer to a question,

      Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
      Lemuel

      Picked By

      Lemuel,

    • Post in What is the DIC timeline?

      broncovet posted an answer to a question,

      Good question.   

          Maybe I can clear it up.  

          The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more.  (my paraphrase).  

      More here:

      Source:

      https://www.va.gov/disability/dependency-indemnity-compensation/

      NOTE:   TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY.  This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond.    If you were P and T for 10 full years, then the cause of death may not matter so much. 
      Lemuel

      Picked By

      Lemuel,
    View All
×
×
  • Create New...

Important Information

Guidelines and Terms of Use

  I accept