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amirsun

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Great news, congratulations.

Tbird
 

Founder HadIt.com Veteran To Veteran LLC - Founded Jan 20, 1997

 

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Congratulations. As mentioned, Chapter 35, and a bunch of other benefits require P and T. However, after your condition has "stabalized" (that is, you have undergone treatment for 5 years) there is a great chance you can get P and T. How long ago was your effective date? It may not be all that long for your "5 years". P and T is not automatic after 5 years, but it is difficult for VA to say, "It isnt permanent", when its gone on for 5 years.

If I do something continiously for 5 years, then that usually means I will be doing something similar in another five years. There are "protections" for ratings at 5 years, 10 years, and 20 years, with the latter the most protective. There is also a protection at P and T, which is the same as the 5 year protection.

Essentially, to reduce a 5 year protected rating (or P and T), the VA has to show you "actually improved" under ordinary conditions of life (that is, working). See 38 cfr 3.344

Edited by broncovet
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  • Content Curator/HadIt.com Elder

Congratulations!

"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat

Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.

 

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