What Is The Difference?

[Buck52]

What is the difference between these two statement's ...in Award letters!

The Service Connected Disability is as of ''Nature'' and no future exams schedule

vs

The Service Connected Disability is as of ''Chronic'' with no future exams schedule.

Nature & Chronic?

Does Chronic mean more severity as in pain?

Nature meaning never gets better?

Thanks in Advance

...................Buck

Edited April 21, 2015 by Buck52

[Valhalla0321]

Dam,

That's a tough one.. i have to figure out this equation and will be right back. I wonder what a honest Dr. would say to that phrase.. maybe ill go find a buddy

[jbasser]

Buck, these definitions are referring to your condition. Permanent in nature means your condition is considered static and will not improve. This the VA wording for a P and T award.

If your condition is listed as Chronic, it means you have had it for some time. The opposite of chronic is Acute which means sudden onset.

Hope this helps.

[Buck52]

Yes it does jbasser thanks!

I was just wondering about that because of carlie recent invitation to a C&P after or more than 10 years in without an exam.

I also was wondering if the VA started a new program calling up veterans with P&T Rating permanent in nature longer than 10 years to see if their disability has improved?

(which to me don't make a lick of sense)

I realize none of us are safe until we reach the 20 year mark but the VA seems to do what ever they want.

just to give the veteran stress. that really up set carlie which I don't blame her.

jmo

...........Buck

Edited April 21, 2015 by Buck52

[john999]

I think the way to avoid getting called in for a C&P exam is to get continual treatment for your disability at the VA. You don't have to take the pills they give you. You don't have to follow their recommendations for surgery, weight loss, PT or anything else. Just show up and show yourself and your disability and make sure they know you have not improved. For a vet who gets a 100% rating for PTSD (for example) if you do not get continual treatment this gives the VA the idea that you may have improved. You can get treatment outside the VA system, but how well will your doctor document your disability? I get treatment outside the VA for most of my disabilities, but I also show ups for treatments at the VA. When I hit the 20 year mark they won't see me anymore unless there is some reason that benefits me. I have about six years to go on the P&T. I will do my best to show up at the VA until then and complain about everything. At this point I would not even let them clean my teeth. If it is invasive I am not using the VA.

[broncovet]

Buck

You need to read up on rating protections. Dont listen to VSO's who say stuff like, "Yea..you got service connected at zero percent..better not appeal as they may just reduce you to nothing. Try going for an increase, instead".

There are rating protections at P and T (also 5 years), 10 years (for service connection), and 20 years for both service connection and disability percentage.

The 5 year (or P and T) protections and the 10 year are very important and often over looked.

10 year service connection protection:

§ 3.957 Service connection.

Service connection for any disability or death granted or continued under title 38 U.S.C., which has been in effect for 10 or more years will not be severed except upon a showing that the original grant was based on fraud or it is clearly shown from military records that the person concerned did not have the requisite service or character of discharge. The 10-year period will be computed from the effective date of the Department of Veterans Affairs finding of service connection to the effective date of the rating decision severing service connection, after compliance with § 3.105(d). The protection afforded in this section extends to claims for dependency and indemnity compensation or death compensation.

5 year permanent and total protection:

3.344 Stabilization of disability evaluations.

(a) Examination reports indicating improvement. Rating agencies will handle cases affected by change of medical findings or diagnosis, so as to produce the greatest degree of stability of disability evaluations consistent with the laws and Department of Veterans Affairs regulations governing disability compensation and pension. It is essential that the entire record of examinations and the medical-industrial history be reviewed to ascertain whether the recent examination is full and complete, including all special examinations indicated as a result of general examination and the entire case history. This applies to treatment of intercurrent diseases and exacerbations, including hospital reports, bedside examinations, examinations by designated physicians, and examinations in the absence of, or without taking full advantage of, laboratory facilities and the cooperation of specialists in related lines. Examinations less full and complete than those on which payments were authorized or continued will not be used as a basis of reduction. Ratings on account of diseases subject to temporary or episodic improvement, e.g., manic depressive or other psychotic reaction, epilepsy, psychoneurotic reaction, arteriosclerotic heart disease, bronchial asthma, gastric or duodenal ulcer, many skin diseases, etc., will not be reduced on any one examination, except in those instances where all the evidence of record clearly warrants the conclusion that sustained improvement has been demonstrated. Ratings on account of diseases which become comparatively symptom free (findings absent) after prolonged rest, e.g. residuals of phlebitis, arteriosclerotic heart disease, etc., will not be reduced on examinations reflecting the results of bed rest. Moreover, though material improvement in the physical or mental condition is clearly reflected the rating agency will consider whether the evidence makes it reasonably certain that the improvement will be maintained under the ordinary conditions of life. When syphilis of the central nervous system or alcoholic deterioration is diagnosed following a long prior history of psychosis, psychoneurosis, epilepsy, or the like, it is rarely possible to exclude persistence, in masked form, of the preceding innocently acquired manifestations. Rating boards encountering a change of diagnosis will exercise caution in the determination as to whether a change in diagnosis represents no more than a progression of an earlier diagnosis, an error in prior diagnosis or possibly a disease entity independent of the service-connected disability. When the new diagnosis reflects mental deficiency or personality disorder only, the possibility of only temporary remission of a super-imposed psychiatric disease will be borne in mind.

(b) Doubtful cases. If doubt remains, after according due consideration to all the evidence developed by the several items discussed in paragraph (a) of this section, the rating agency will continue the rating in effect, citing the former diagnosis with the new diagnosis in parentheses, and following the appropriate code there will be added the reference “Rating continued pending reexamination ___ months from this date, § 3.344.” The rating agency will determine on the basis of the facts in each individual case whether 18, 24 or 30 months will be allowed to elapse before the reexamination will be made.

© Disabilities which are likely to improve. The provisions of paragraphs (a) and (b) of this section apply to ratings which have continued for long periods at the same level (5 years or more). They do not apply to disabilities which have not become stabilized and are likely to improve. Reexaminations disclosing improvement, physical or mental, in these disabilities will warrant reduction in rating.

end of regulation quotes.

In summary 10 year ratings can not be severed except with fraud or character of service (discharge).

5 year (or p and T) can not be reduced unless the Veteran "actually improved" under ordinary conditions of life (that is, WORKING). Getting better for one exam wont cut it. If you are not working, how can VA say you improved "under ordinary conditions of life" because resting and staying off of your "bad leg" may help, but that does not mean it actually improved and you can go back to work.

[Buck52]

Thanks broncovet,

I understand these Reg's What I don't understand is?

How do they just out of the blue set up a C&P on a veteran that's been rated 100 P&T even with SMC-S That's had over 12 years continuously with the S.C. Disability with no improvement and Honorable discharged and with closed claim's and not ask or send in for increase? or any contact with VA during these last 12 years/other than the VAMC check-up's & rather ever 3 months or every 6 months to basically have meds renewed.

Like they did carlie?

..........Buck

Edited April 22, 2015 by Buck52