100% Disability rating (Permanent vs. non-permanent)

[SFOB]

I received my compensation letter notifying me that I am 100% disabled, but not permanent. I must have a review 5 years from the date of rating. Why would I get a non-permanent rating when my combined disability percentage equals 310, 280 of which are service connected? I am over 50 years old at the time the rating was given. Should I (How?) pursue getting the status changed to permanent or just wait until the five year period is over.

[broncovet]

You have been given good advice, but first, may I ask when was your c and p exam which resulted in your temp rating?  Did the doc state that you could improve, or did he state improvement was unlilely??

The reason I ask is that after 5 years, a condition is considered "stabalized".  In other words if you dont get better in 5 years, you probably wont get better later, either.  

If its been 5 years since the C and P exam, you can certainly apply for P and T, now, arguing it has not improved for the past 5 years, if, indeed, this is the case.  

With all due respect to Pete, however, I think you should go ahead and apply, and not concern your self with a

possible reduction.  VA can/will do a reduction, ONLY IF the evidence supports it, and can not reduce you solely because you applied for an increase.  "Applying for an increase" is not one of the criteria for reductions.  

Appealing is probably a better idea than filing a new claim for P and T, unless VA has medical evidence where the doc stated you could improve.  If he did say this, then you need to refute that with contrary medical evidence, then file your appeal, but do that before one year.  

[Vync]

3 hours ago, broncovet said:

The reason I ask is that after 5 years, a condition is considered "stabalized".  In other words if you dont get better in 5 years, you probably wont get better later, either.  

If its been 5 years since the C and P exam, you can certainly apply for P and T, now, arguing it has not improved for the past 5 years, if, indeed, this is the case.  

Hey Broncovet,
Would the 5 years not begin at the effective date, or when he filed his claim, instead of when the C&P exam occurred?

[john999]

When I was denied Chapter 35 I appealed it.  I gathered evidence to show my disability was permanent.  I was seeing a VA shrink at the time and my private shrink as well.  It took a year for the appeal and by that time I had gathered 3 medical opinions saying my disability was permanent.  I got P&T back to the day I got TDIU which was the same day I was awarded 70% originally.   I just appealed and appealed everything including dates and percentages.  Now I am 90% TDIU P&T plus 60% SMC S.  I got this by steadily appealing over the years every dumb decision the VA made.  I filed two CUE's and won one and lost one at the federal court level.  If I had of appealed the first decision I got in 1973 I probably would have had 100% by the time I was 25 instead of 51 years old when I was not fit for anything.  The worst mistake I ever made was not sending in a NOD on my initial claim.   100% was sitting there right in front of me, but I was too dumb to appeal the low ball rating I got (10%) and I could not even work at a car wash I was so disabled.

[Cobra4v]

You should fight it if you feel you can win. Can't the VA request another examination for a reducing of a rating even if you are permanent? 

[broncovet]

Vync.  The 5 year stabalization is from the effective date.  In 2015, Alex got benefits back to 1994.  He has his 20 year protections in place.  

[Chuck75]

On 6/7/2016 at 10:36 AM, SFOB said:

 

Is there a published list of disabilities considered permanent?

Not that I know of. But, certain disabilities/conditions are considered permanent, due to the very nature of them.For instance, IHD with LVEF % below 30%. (SC'd @ 100%)  The only "cure" is heart transplant, which then gets into another set of disabilities and associated conditions. There are mechanical "helpers" that can be implanted, on a temporary or permanent basis, but they have serious limitations as well. A rule of thumb guide I'd consider is if the condition is likely to eventually be terminal. The VA disability schedule, in many cases, also shows hints as to P&T or not.