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A little history this has been an issue since 2001 and a hell of a ride, so I assume since 5 years will put me at 21 years it then will be a protected status. My original claim (15 years later) was 50%. I went for an increase about 10 months after.



I went for an increase for my PTSD as things were progressively going downhill. It looked as I may have been granted 100%, though they came back with a 70% with no routine future exams stipulation. 

It was explained by my VA contact that this means I will receive this raiting until my death as long as I do not go back to try for any increase or attempt to as that could put me back in the line for a future exam. 

Has anyone heard of such a thing or the VA doing that with other claims? I would think the best bet is to let sleeping dogs lie, and never ask for an increase or at least wait until the 20 year mark has passed in the event the disability continued to worsen.

Thoughts?

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This has been ask on here many times

First no veteran is completely safe as for a being called up for a C&P.UNDER THE 20 YEAR RULE

It helps to have this rating over 5 years and 10 years but the VA can and will call up a veteran for re-evaluation on his S,C, Disability at any time.

If you feel like your condition has got worse  why not file for an increase?

That should not effect what your getting now  , the only way they can reduse your S.C. Rating is to prove you have shown improvement and they have to prove it twice.

Now if you go for an increase and in your medical records  you will need strong evidence from a Qualified Dr favorable for the increase  that your condition in the Dr opinion after he/she has examined you and read petaint medical records has worsen , if the Dr at  anytime states  your condition has improved then yes you will probalby get a proposal to reduse  but its highly unlikely your Dr would do that....>  but the VA Dr's would.

but in short  No filing for an increase should not jeopardized what you get now. this is a bad miss- conception that veterans get or think about.

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Good info to know. Maybe its a misconception at the VA as well. I was told this by a higher level person at the VA that deals some of the most complicated claims. I guess the only thing certain in life are death and taxes. 

Thanks for the quick response!

 

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Are you saying the award letter states TDIU or 100% P & T? ( due to the 70% PTSD)

Or does ebenefits state no future exams.

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http://www.blogtalkradio.com/haditcom/2017/06/29/hadit-podcast-special-show-with-guest-berta-simmons Please check out the radio show we did here yesterday

 

 "I was told this by a higher level person at the VA that deals some of the most complicated claims."

LOL !!!!:biggrin:

 I am of the impression due to years of dealing with VA that they have no high level people at all who work on complex claims.

Many claims that are not complex at all  are often denied at the RO and than awarded at the BVA level.

Unless you mean people like the Director of my VARO. She doesn't even know VA case law.

They told me my SMC Cue was with a "specialist "but in the 12 years it sat at my VARO ( awarded in mere weeks at a different VARO) the VA  "specialist" never showed up for work.

It was a very simple CUE claim.

 

Edited by Berta

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14 minutes ago, Berta said:

Are you saying the award letter states TDIU or 100% P & T? ( due to the 70% PTSD)

Or does ebenefits state no future exams.

I do not see any of that language on the award letter.. where would that be? Unless I'm blind.. it just says payment summary and explanation. I was told this from an internal person that works at the directors office that has insight to stuff like that. Because my claim was so jacked with some of the systems and i pointed out so many IT flaws (I'm an IT professional) while loosing my shit on them (ptsd and all) they assigned me a guy to shut me up. He is really cool and very helpful.  I'm looking.: I don't see any verbiage like that. Tried to upload some pics from my phone but it wouldn't upload 

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