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Re Evaluation Info


Berta

Question

Recently while searching through the VBM, I came upon this brief interesting point thay made as to Protected ratings

As well as the CUE info:

VBM page 390 2014 Edition a brief reference to cueing a past decision for SMC.

Marlowe V Brown.
The veteran had SMC M but it was raised to SMC 0 back to 1948 under his successful CUE claim.

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Future re examinations
VBM page 391,

I"f any veterans fells they fit into the exceptions as noted within 38 CFR 3.327, or 4.129. they can also read over VA Fast letter 10-14, revised in July 2010
(I hope that FL is at hadit)
and if they do fit into the exception criteria and VA says they will be re evaluated/examined in th future, they could file a request with the VARO,to reconsider this potential re evaluation, and cite how they fit into the exceptions in the above regulations.

(1) Scheduling reexaminations. Assignment of a prestabilization rating requires reexamination within the second 6 months period following separation from service. Following initial Department of Veterans Affairs examination, or any scheduled future or other examination, reexamination, if in order, will be scheduled within not less than 2 years nor more than 5 years within the judgment of the rating board, unless another time period is elsewhere specified.
(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 (b)(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;
(iv) In cases of veterans over 55 years of age, except under unusual circumstances;
(v) When the rating is a prescribed scheduled minimum rating; or
(vi) Where a combined disability evaluation would not be affected if the future examination should result in reduced evaluation for one or more conditions. 38 CFR 3.327

§ 4.129 Mental disorders due to traumatic stress.
When a mental disorder that develops in service as a result of a highly stressful event is severe enough to bring about the veteran's release from active military service, the rating agency shall assign an evaluation of not less than 50 percent and schedule an examination within the six month period following the veteran's discharge to determine whether a change in evaluation is warranted.




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This is something I have always been confused by, do they count the five years from the time you were officially service connected and rated or to the date you were back paid to for me they service connected be back to march 2011 but did not officially rate me until 2013. My first and second letters when they rated me at 70 and 90 contained no mention of a re-exam date.

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