would an increase migraines from 30 to 50% risk my 100%?

[proudveteran]

I am currently 100% p&t for more than 5 years. I am also rated at 10%knee, 10%back 10%foot and 30% for migraines, but I meet the criteria for 50%. If I apply for an increase would I be putting my 100% p&t in jeopardy? 

[USMC_VET]

Theres a school of though (more prevalent on YUKU than on HADIT) that if you deserve you will get it, if you deserve to be reduce then you will be reduced.

I prescribe to that in part but not in whole.  I do believe if you are better you should get reduced, and we should all be searching to get better, not to just maintain a rating, we still have to live a life.

However i do not at all believe that if you "deserve" to be rated higher you will get it.  If you have good documentation, good evidence and do the leg work to get it you have a high chance of winning.  If you should get get it and you take the proper steps to bolster your case, go for it.  Yes they can decide to do a full review however if you have been doing the right things, keepin gup with appointments, keeping up with medications, keeping good records, etc and DONT leave them any wiggle room to say "ehhh...ummmm....ehhhh...maybe....lets try" and try a reduction dont worry about it.

Seek therapy, seek help wherever it is for you.  get better, for your family and most importantly for you.  we all need and deserve to live full and happy lives.  I for one would rather be whole and at 0% then trying to NOT get help so that i wont be reduced.

Just my thoughts

[proudveteran]

I agree with you usmc vet. I would rather be whole and 0%, but that isn't the case and I do not trust the VA to look out for my best interests. I may just stick it out and go through the C&P exams again. I know that I deserve my current rating plus an increase in migraines from 30-50% according to their criteria. If i do it I will have to just stick to my guns.

 

[Buck52]

i WAS JUST WONDERING

If a veteran files for a new claim or for increase...& the VA calls him/her up for a New C&P on his/her current disability  to see if any improvement and that claim is P&T Static and of nature...can the veteran use his old evidence back then  if they try to reduce the veteran sc% he /she is currently getting?.

Just because a veteran files a new claim or ask for increase for a different disability  why should that warrant a new C&P for the older disability?

that don't seem to make a lot of sense to me  if the VA sends the Veteran for a New C&P?

Anybody?

[proudveteran]

I agree buck. They shouldn't reexamine any other claim except the one that the veteran has applied to increase. But, I don't think that's the case. I think they are always looking for a way to screw us. 

 

I will probably go through with the claim for an increase in migraines once I have exhausted all my options with the DAV.

[Buck52]

Yes proudveteran,

and the vetearn should be able to use his older evidence that he/she used with the older disability   especially if its of static and in nature and the VA Decision was P& T with no future exams, that seems like they are double guessing them self.

Sometimes we just have to do the research   our self to cut through all of the VA mumbo jumbo   or also know as VA BS.

& not count on any VA Organizations to help  with the exception and expertise of a good VA Attorney.

 

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

[proudveteran]

maybe I should check with an attorney