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Has Anyone Ever had their 100% VA P&T Taken Away?


Navy04

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Good Evening,

 

Most of you have helped or followed my VA process over the last few years. I recently was Reviewed for 2 SC conditions even though I am 100% P&T. I actually had the Exam only for my 40% Condition, and it was continued. Well when I received the Big White Envelope, it states on there that the VA actually Reviewed my 30% for Scars, which I did not see a Doc or even get asked a question about. Well it was Reduced from the Current 30% to 10%, which is bull crap, but it did not affect my total % So I am still 100% P&T. I know that I am only 34, but I did not ask to be sick, hurt or Medically Retired at age 31. I am tired of looking over my shoulder and the Govt mess with me. Has anyone on here ever had a 100% P&T taken away from them? Thank in advance and may God give us all the strength we need.

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Navy, I may be totally wrong or off but due to the fact that you are 100% schedular it would be almost impossible for you to lose your 100% P & T.  There are also ways you can protect your rating, like filing new claims not secondary claims but new claims that can be rated.  These claim may not change your overall combined rating but just give you more ammo against VA.  Also if you are not getting SSDI, you can file for SSDI and that will help in VA knowing that you should continue to get 100% P & T.

Edited by pete992
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  • HadIt.com Elder

If the VA proposes to reduce a rating, they are supposed to notify you in advance and allow you to file paperwork to contest the reduction. The rating you had continued was, in my opinion, handled appropriately. However, for the scar rating reduction they should have at least offered you an exam unless the same doc who did the continuance evaluated the scar. You can file an NOD for an improper reduction. I had an improper rating reduction, filed an NOD, and won a reversal because some dummy didn't read the evidence.

The "permanent" part of P&T is misleading and our lawmakers really need to work on getting this fixed. We veterans see "permanent" as the dictionary definition. In my opinion, P&T "permanent" should mean no anxiety or worry about the VA screwing with our rating.

The VA views it more along the lines of "not expected to improve, thus no future exams".

Here are regulations dedicated to protected ratings:
http://www.ecfr.gov/cgi-bin/text-idx?idno=38;region=DIV1;type=boolean;c=ecfr;cc=ecfr;sid=e7d3648593175922d3aa0f61748ffb13;q1=diagnosis;rgn1=Section;op2=and;q2=presumptive;rgn2=Section;op3=and;rgn3=Section;rgn=div6;view=text;node=38%3A1.0.1.1.4.1#se38.1.3_1951

http://www.ecfr.gov/cgi-bin/text-idx?idno=38;region=DIV1;type=boolean;c=ecfr;cc=ecfr;sid=e7d3648593175922d3aa0f61748ffb13;q1=diagnosis;rgn1=Section;op2=and;q2=presumptive;rgn2=Section;op3=and;rgn3=Section;rgn=div6;view=text;node=38%3A1.0.1.1.4.1#se38.1.3_1952

Here are the details in brief, which are cumulative:
5 years = They have to show material improvement over time before reducing (not just some one-off exam)
10 years = SC status for the disability is protected
20 years = The rating % is protected (you must have had that same % level for 20 years)

They can also reduce in cases of fraud.

Other ways to get more protection is like John said, having SSDI approved, and also when veterans turn 55 the VA is not supposed to pick on them as much.

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Thank you guys for your support, and Pete I was granted SSDI 2 years ago. In fact I was approved in 2 months, which is mostly unheard of in Texas. It took my brother almost 3 years. I have quite a few conditions that I can apply for, but honestly I am grateful and did not want to rock the boat. Also, I am very nervous and scared when I am around the VA and Govt, and try to avoid interaction at all costs. Just get tired of the bull crap. We all have been thru so much, but I am tired, just real tired.

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