Being Re-Evaluated

[thedvl69]

I fell off a training tower (about 30') 1988. After a year I was honorably discharged dd-214 says combat related injury. They told me to go to the VA and they would take care of me as I had trouble walking at times(still do). After getting a run around for a couple years I gave up on them helping me. Through the years I have had a rough time even was homeless at one point as I could not work for periods of time. About 5 years ago I went to a customer of mines home to give him an estimate and I was having trouble with my back at the time and walking as if I were 90. My customer was a disabled Marine and asked why I was walking like I was. I explained and he gave me the number to a rep at the VFW. This rep had me at the VA and got me a 40% rating right away. They now want me to go to the VA for a re-evaluation. The initial award paperwork said the 40% was not a permanent rating. Not sure what to do as at times I'm ok(meaning I can deal with the pain with the understanding this is now part of my life) other times it can be really bad. Given the history of what I have gone through I am worried they are gonna screw me. What should I do? I also feel I should be compensated from the time of my first claim over 20 years ago. I did not just wake up one day and somehow had a problem 20 years after the injury.Can someone advise?

[Berta]

As long as you have had consistent and current treatment records, the VA would have to prove a substantial improvement in your condition to try to reduce it.

These 5 years re evaluations are common.

Perhaps the 40 % has even gotten worse by now.

[USMC_VET]

As Berta said re-evals are not uncommon or because they targeted you specifically they are pretty much automatic around the 2-5 year timeframe from what i understand (if they are conditions that have even a remote possibility of being improved in some way).

If i were you...

1) I would start writing down now all the issues you have. so that you can remember correctly when you go into the exam

2) I would if you can afford make a appointment with a civilian doctor and go in for exam with them, tell them everything, how it affects you, the pain you have and recount (for both civilian and va) your worst day not your best day, this gives them a better idea how it affects your ordinary everday life. If the civilian docs order x rays and all that, go for it if you can afford it. Once they done all their chekcups and appointments and give you a prognosis and treatment plan go to the medical records office for that hospital and request all paperwork on you from that hospital for those exams, doctors notes, etc. Then you will have evidence if they try to reduce you etc.

3) Get a copy of you intial DBQ/Exam notes from the VA exam that granted you your disability rating. FOIA your C file or just the exam notes, i would recommend the c file. if the va did the exam at their hospital with their doctor it SHOULD be available via blue button on Myhealthevet. If you have to go to your VFW VSO and ask them to get copies of this. Take that report and then look at the ratings criteria for what you were rated for. if you ahve gotten worse you may be able to get an increase (or have to apply for one).

4) Use the template i provided at the bottom of this post that was provided by Chris Attig a Lawyer and Hadit member. I would recommend googling him and getting some of his e books they have helped immensely in creating very tight and well documented claims. I dont know your marital situation, etc. Fill one out yourself, have your wife/girlfriend, parents, friends, coworkers, etc. whoever you can get to write some of these. If you want you can write them out yourself and have them review and sign them. This is called a "Lay Statement" as Mr. Attig has said sworn affidavits are much more powerful than a simple letter submitted, since with a letter you arent necessarily swearing to it under penalty of law however with a sworn affidavit you are and thus they hold more weight.

When you get these statements make sure they are signed and filled out correctly hold onto them. If they propose to reduce you can send in these along with the civilian doctor statements right away to your nearest claim intake center. also indicate you want these included in your C-File. Send these CERTIFIED and RETURN RECEIPT that is by certified mail which is tracked and the return receipt is a green slip that goes on your letter/package that has to be signed for and sent back to you. Keep this in a VA file (by the way keep copies of everything the VA sends you and you send them along with the certified mail and return receipts) so that if they after all of this say "yep your reduced" you can appeal and if you find out that they never used the letters in teh decision to reduce you can prove you DID send them and they WERE received by JOE IDIOT at the VA.

It may seem like overkill but its better to spend some money now to have a better fight later. I learned this all too late and if i had read this blog before and learned to play their silly game i wouldnt be in the predicament i am now and dont want you to be in ever.

SWORN DECLARATION OF YOUR NAME

STATE OF XXX §

COUNTY OF XXX §

Pursuant to 28 U.S.C. 1746, I, YOUR NAME, declare under penalty of perjury that the foregoing is true and correct:

1. "My name is YOUR NAME. I am more than eighteen years of age, of sound mind, and fully competent to make this affidavit. I have personal knowledge of the matters set forth below.
2. SYMPTOMS/EFFECTS UPON YOUR LIFE
3. SYMPTOMS/EFFECTS UPON YOUR LIFE

Executed on DATE

Signed:

YOUR NAME

Edited June 17, 2015 by USMC_VET

[Navy04]

Welcome aboard and sorry to hear of your issues bud. I am 100% Temporary for 18 months, and I just had all of my High %s Re Evaluated in Feb and May, even though I was not due for a Re Eval until Feb 2016. The exams are brutal especially the PTSD. Just go in there be honest, and as Berta stated your back may be worse and grant an Increase. Good luck and God Bless!!!

[USN_HM_VSR]

So you have a pending future exam date. After this exam please don't wait for future exam dates just request an increase go to an exam to get the current level of severity. Best bet is is to use a private DBQ take it to a private Doc. With that said since you have a pending exam request an increase on ebenefits and request permanent and total. They will request a medical opinion from the examiner on whether your condition will improve. If it goes in your favor then you have no more future exam dates. Also if you're not working request IU. May as well get the IU opinion if you're going in for the exam. Use ebenefits fill out 526ez 890/4192 for IU.

[USN_HM_VSR]

So you have a pending future exam date. After this exam please don't wait for future exam dates just request an increase go to an exam to get the current level of severity. Best bet is is to use a private DBQ take it to a private Doc. With that said since you have a pending exam request an increase on ebenefits and request permanent and total. They will request a medical opinion from the examiner on whether your condition will improve. If it goes in your favor then you have no more future exam dates. Also if you're not working request IU. May as well get the IU opinion if you're going in for the exam. Use ebenefits fill out 526ez 890/4192 for IU.