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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Most Common VA Disabilities Claimed for Compensation:   

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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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jfrei

Feels good to be back on a base

Question

permanent total paperwork from ebenefits was enough to get my new ID card still awaiting the packet in the Snail mail? My new claim has me worried but I'm assuming since my TBI is permanent and total with no future exams is that it can't be lowered? The woman said my new claim seperated my mental Health and TBI issues and said I don't know what the raters can do they can do whatever..... No amount of anything will bring my memory issues rated under 8045 down below 70% But is my memory a mental issue which would keep me from ever working again like PTSD?

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jfrei,

Unfortunately nothing is permanent unless you have had the condition for 20 years with no change.  However, as you have the condition longer or as you get older (over 55), it becomes harder for the VA to lower your rating.  If the VA believes you can improve in the near future, your letter should say they will re-examine you in 3 to 5 years.  

If the VA has cause to believe you have improved, they can call for a re-examination at any time.  However, if you've had the condition unchanged for more than 5 years or you are over 55, there should be "unusual circumstances" before they reschedule an exam.  And then they have to prove sustained improvement before they can downgrade your rating.

If you are 100% total and permanent, you are allowed to work if you want to.  That is not the same for people with temporary IU.  

I hope this answers some of your questions, although it may not be entirely the answers you were hoping for.

JustGettingStarted

Edited by JustGettingStarted

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When you are P and T, OR   you have been rated 5 years or more, you do have "protections".  Here are your protections, word for word, right out of the regulations:

Quote

38 CFR 3.344 - Stabilization of disability evaluations.

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§ 3.344 Stabilization of disability evaluations.

a)Examination reports indicating improvement. Rating agencies will handle cases affected by change of medical findings or diagnosis, so as to produce the greatest degree of stability of disability evaluations consistent with the laws and Department of Veterans Affairs regulations governing disability compensation and pension. It is essential that the entire record of examinations and the medical-industrial history be reviewed to ascertain whether the recent examination is full and complete, including all special examinations indicated as a result of general examination and the entire case history. This applies to treatment of intercurrent diseases and exacerbations, including hospital reports, bedside examinations, examinations by designated physicians, and examinations in the absence of, or without taking full advantage of, laboratory facilities and the cooperation of specialists in related lines. Examinations less full and complete than those on which payments were authorized or continued will not be used as a basis of reduction. Ratings on account of diseases subject to temporary or episodic improvement, e.g., manic depressive or other psychotic reaction, epilepsy, psychoneurotic reaction, arteriosclerotic heart disease, bronchial asthma, gastric or duodenal ulcer, many skin diseases, etc., will not be reduced on any one examination, except in those instances where all the evidence of record clearly warrants the conclusion that sustained improvement has been demonstrated. Ratings on account of diseases which become comparatively symptom free (findings absent) after prolonged rest, e.g. residuals of phlebitis, arteriosclerotic heart disease, etc., will not be reduced on examinations reflecting the results of bed rest. Moreover, though material improvement in the physical or mental condition is clearly reflected the rating agency will consider whether the evidence makes it reasonably certain that the improvement will be maintained under the ordinary conditions of life. When syphilis of the central nervous system or alcoholic deterioration is diagnosed following a long prior history of psychosis, psychoneurosis, epilepsy, or the like, it is rarely possible to exclude persistence, in masked form, of the preceding innocently acquired manifestations. Rating boards encountering a change of diagnosis will exercise caution in the determination as to whether a change in diagnosis represents no more than a progression of an earlier diagnosis, an error in prior diagnosis or possibly a disease entity independent of the service-connected disability. When the new diagnosis reflects mental deficiency or personality disorder only, the possibility of only temporary remission of a super-imposed psychiatric disease will be borne in mind.

(b)Doubtful cases. If doubt remains, after according due consideration to all the evidence developed by the several items discussed in paragraph (a) of this section, the rating agency will continue the rating in effect, citing the former diagnosis with the new diagnosis in parentheses, and following the appropriate code there will be added the reference “Rating continued pending reexamination ___ months from this date, § 3.344.” The rating agency will determine on the basis of the facts in each individual case whether 18, 24 or 30 months will be allowed to elapse before the reexamination will be made.

(c)Disabilities which are likely to improve. The provisions of paragraphs (a) and (b) of this section apply to ratings which have continued for long periods at the same level (5 years or more). They do not apply to disabilities which have not become stabilized and are likely to improve. Reexaminations disclosing improvement, physical or mental, in these disabilities will warrant reduction in rating.

 

 

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In a nutshell, if you are P and T, the VA can not reduce you unless you have had "material improvement" under ordinary condtions of life.  The improvement can not be because of bed rest.  They have to show you improved enough to go back to work.  (Under ordinary conditions of life, as "ordinary people" work, but disabled people do not.)

Its VERY VERY tough for VA to reduce Vets who are P and T, UNLESS they go back to work.  

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jfrei,

 If You are consider to be 100% IU with P&T no future exams scheduled.? correct?

How you recieve these rating's is Irrelevant now in my opinion.

scheduler 100% or Extra Scheduler combined 90% getting paid at the 100%. ...>unless a CUE was in error?

If I was you I think I'd leave things like they are and  be comfortable with what the VA has Rated you.

You have the right to file any other claims that may come up later that was secondary to what you have S.C. Now  or if another condition comes up that maybe service connected  to file  claim/claims on them too.

But just saying  for now  I'd set back and enjoy my family  especially that new born little good looking guy you have now.

 

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