PTSD Chronic AD TBI

[jfrei]

I  completed the the Chronic Ad exam where the symptoms were seperated but not the level of occupational impairment forcing them all together in one rating so I'm told will Happen in my new claim by the RO. So they scheduled for a TBI increase exam and yet another PTSD exam to dig little deeper about the issue. Is it bad if I go back to that doctor again I asked QTC and he is under contract just not yet approved. So I scheduled out both exams in July 6 last week she said if I call tomorrow he may have been approved and I may schedule the exams with him. Is I stupid to even bother with this as I'm sure I could very slim chance lose everything, DEA benefits for kids? I know there's no chance I'm improving which is what the doctors the last two years have said but the what if messes with me. Not to mention my SSA battle that began Jan I am now in my reconsideration appeal and was expedited for being P and T not to sure how quickly this will be decided

Edited June 21, 2017 by jfrei

[broncovet]

Read more, Fear less.  VA LOVES it when you fear applying for an increase because you are afraid of a reduction.  As I have explained, if you are P and T or if you have been rated 5 or more years, then your have some serious protections.  They have to show "material improvement (that is sustained, not just you feel better that day) under ordinary conditions of life, that is, while working.  So, if you are P and T and are not working you have little to worry about unless you quit getting treatment altogether.  

 

Quote

 

38 CFR 3.344 - Stabilization of disability evaluations.

• eCFR
• Authorities (U.S. Code)

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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.

 

 

Edited June 21, 2017 by broncovet

[Buck52]

jfrei

I thought you were already 100% P&T? with SMC-S?

That rating qualifies you for chap 35  for your spouse,  commissary card, education for your kids and spouse & Extra benefit's   the whole 9 yards.

you can't have 2 ratings at 100% or two ratings with P&T  to boost your compensation

Unless your wanting ALL your conditions claim that are military related.

b/c

After the SMC-S  then the SMC's get more serious or severe conditions for compensation (not that SMC -S is not servere) or loss of use) but to get more compensation  you usually have to be bedridden.

As I understand it!

I never been able to set my own date with a C&P they (VA) set it for me.  but did ask if this date  was ok? b/c(sickness or was not a good time I can re-schedule, but when a veteran gets  a C&P Exam it's usually a good thing. especially when he gets a good compassionate examiner & reads all the evidence from the vet.

 

 Elder members Asknod and James Cripps talked about this  with J cook & John Basser on the hadit radio show a while back.

you may want to call into the Thursday show at 7:00pm est  6:00pm central and ask Asknod ALL your questions

 Maybe I just don't understand /or just confused because of the so many post you put on here why your filing and getting C&P exams so many times?

jmo 

 

Edited June 21, 2017 by Buck52

[jfrei]

That is correct I am actually 90 made 100 IU which is P and T. I was 90 since 2010 and 100 IU since Nov 2016. When C and Ps are outsourced the place QTC allows for one reschedule. Right now hopefully this guy approved on time and gets me in otherwise I have to drive two hours with my wife to this appt.