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Posted

He everyone,

 

I have a question, how likely am I to be able to keep my 100% va compensation. I was diagnosed with MDD in 2014 and am receiving 100% temp until my next exam in 2019. I've heard that having a certain rating for five years or more that they can not decrease your rating, or if they do after the exam they can't go lower than my prior rating that was 80%. How accurate is this? 

Thanks in advance. 

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  • Content Curator/HadIt.com Elder
Posted

Rating reductions in brief, aside from reductions involving fraud:
5 years = they cannot reduce unless there is sustained improvement
10 years = SC status is protected for the disability
20 years =  The % is protected

It sounds like you are on the five year plan. In 2019 they will re-eval and determine if your 100% rating will be reduced or if it will be continued (and probably made permanent).

If you become gainfully employed, you likely will be reduced.

If your MH physician states that you are not likely to improve, they might bump you over to permanent.

If you are SSDI, they might bump you over to permanent.

"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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Posted

Thank you for the response Vync...I know understand. I am on SSDI so when I come up for my review do I need to show proof that I am getting SSDI. I am not working due to me not being able to deal with different  personalities. I had decided to go to school after the Army but it didn't work out for me. Im so not a people person. 

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Posted
On 9/20/2016 at 1:12 PM, Vync said:

Rating reductions in brief, aside from reductions involving fraud:
5 years = they cannot reduce unless there is sustained improvement
10 years = SC status is protected for the disability
20 years =  The % is protected

It sounds like you are on the five year plan. In 2019 they will re-eval and determine if your 100% rating will be reduced or if it will be continued (and probably made permanent).

If you become gainfully employed, you likely will be reduced.

If your MH physician states that you are not likely to improve, they might bump you over to permanent.

If you are SSDI, they might bump you over to permanent.

Permanent and Total applies to this as well, being found P&T literally means no Exams and bonus bennies

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  • Content Curator/HadIt.com Elder
Posted
12 hours ago, Inarticulate&Distorted said:

Permanent and Total applies to this as well, being found P&T literally means no Exams and bonus bennies

You're right about bonus benefits with P&T, but it is still possible to have exams. The VA is unlikely to bring back P&T just to do a re-eval, but it could happen.

"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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Posted
On 10/3/2016 at 8:07 AM, Vync said:

You're right about bonus benefits with P&T, but it is still possible to have exams. The VA is unlikely to bring back P&T just to do a re-eval, but it could happen.

gladly stand corrected, just rarely rarely rarely heard of it, kind of a kick in the vet's balls to rip him off champ va, take his kids college money, all on a crack pot chance the VA made a "miscalculation" or something of that magnitude. but then again, if said things weren't at least expected, the need for Hadit.com wouldn't be there :P

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  • Content Curator/HadIt.com Elder
Posted
15 hours ago, Inarticulate&Distorted said:

gladly stand corrected, just rarely rarely rarely heard of it, kind of a kick in the vet's balls to rip him off champ va, take his kids college money, all on a crack pot chance the VA made a "miscalculation" or something of that magnitude. but then again, if said things weren't at least expected, the need for Hadit.com wouldn't be there :P

Even after obtaining P&T status, some veterans may pursue SMC or the VA may end up awarding it later. Sometimes an exam is needed to verify the appropriate level of SMC.

I know what you mean. No veteran ever wants to get an unsolicited/unexpected letter asking them to come in for a re-eval exam. My VAMC's C&P department has a habit of not telling the veteran why the exam is needed. They just say show up on whatever date and time. When you arrive, they say the exam is for X, but you might have expected it to be for Y. Had that one happen personally some years ago.

 

"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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