Age 55 Protections

[green]

I was reading several VA sites last night which had reference to reevaluation and the protections the VA statute authorizes.

It seems to me that anyone can be evaluated at any time unless:

• They have had the current rating for at least 20 years
• The condition is considered "static" or no improvement is expected
• The vet is age 55 or over (except for "unusual circumstances")

I was wondering what might constitute an unusual circumstance for a vet at or over age 55?

Also, as some of you know, I've been waiting on ratings for several secondary conditions and my wait time for a FDC is over 190 days now (at an RO that decides benefit claims at an average of less than 90 days).  I turn 55 this week so maybe the delay will work out to my benefit.

 

Thanks,

Green

[broncovet]

Good question.  VA uses phrases like "unusual circumstances" or "rare" as excuses to not follow their own regulations, which are sometimes vague.  

Some examples:

"Cue is a rare kind of error...."

"Extra schedular IU is rare"  http://www.purpleheart.org/ServiceProgram/Training2014/ExtrascheduluarIU.pdf

The only suggestion I have is if a review comp and pen exam (for reduction purposes) is scheduled beyond your age 55, send the VA a note that you were erroneously scheduled for a reduction exam because you are over 55.  

I do think that if you were scheduled for a reduction exam over age 55, and VA reduces you, then you should be able to appeal on the bases that VA did not give a reasons and bases as to why you were singled out with "unusual circumstances".  

[broncovet]

Also, FDC's can be "converted" by VA to regular claims.  One way is if you submit new evidence, then it was not "fully developed" when you submitted it.  

[green]

I didn't submit any additional or new evidence.  According to Peggy they have requested medical records from a State I haven't lived in since 1993.  It all makes no sense to me as they wouldn't go back that far for current secondary claims anyway.