HELP Needed

[Holllie Greene]

Hi,

I am so glad someone can shed some light on my current situation:

My MS is getting worse, I have been T & P since early 2003 and 2 years ago my dear husband quit his career to care for me.  I have been considering filing for an increase (not counting on it but it would help so much).

I have doubts now I should file because twice people have told me the VA or CDVA will go thru your file looking for things. What are they looking for?  I have not done anything fraudulent and there is no cure for MS.

Any advice will be appreciated.

 

Than you so much.

 

HG

[Buck52]

I think what the VA Rep meant when he/she said they need to open up your file...he/she means to look inside your C-FILE (Claims Folder)  this is a good thing b/c they can see how they rated you and if you qualify for more benefits.

As I understand  when a veteran qualify's  for TDIU P&T   That is a mandatory rating and the rater is suppose to invite the SMC S 1. by Infact rating.

Especially if the rating award letter mentions  your disability is ''Permanent in Nature'' =M21-1MR

You should meet the criteria for A&A  Also

JMO

[pwrslm]

Hello Hollie,

I think that you are worrying a lot about this issue. You have been P&T for over 10 years, and have MS to boot. This means that the VA has to jump through some serious hoops to remove you from 100% P&T. Absent any fraud on your part, they probably will not be able to do it.  The P&T means you should not have to be re-evaluated. If they ask to do so, call up and explain that MS is permanent in nature and it does not need to be re-evaluated.

You should be safe for applying for increase. You may qualify for SMC and housebound benefits.

From the M21 VA Handbook:

M21-1MR, Part III, Subpart iv, Chapter 8, Section C

9.  Protected Service Connection Under 38 CFR 3.957

a.  Protection Under 38 CFR 3.957

Under 38 CFR 3.957, if service connection for disability or cause of death has been in effect ten or more years, propose severance only if   ·   the original grant was based on fraud, or ·   it is clearly shown that the person concerned did not have the requisite service or character of discharge.

 

 

advice from nolo.com :

In certain cases, the VA will not ask you to come for a reexamination, and if they do, it may be an error on their part. If you are part of one of the groups listed below and you get a letter asking you to show up for the reexamination, call the phone number on the letter you receive to explain why you think you should not have to go.

 

VA normally does not schedule reexaminations for veterans:

• over age 55
• with static disabilities, such as loss of a limb
• with a disability resulting from disease that is of a permanent nature
• who have been assigned the minimum rating for their disability
• who have a combined disability rating, and the individual ratings that were combined are so high that even if one or two of these ratings were reduced, the combined disability rating would remain the same.

If you are not subject to reexamination, your disability rating cannot be reduced.

[Buck52]

Holllie Greene

If you have not recieved a Proposal to Reduce your ratings?

Please don't worry,  if you do just come here to hadit and we will help you and the VA Will NOT reduce you.

[Buck52]

HG,

Never be afraid to file for increase in any of your S.C. Disability's

If they have got worse and you have a Medical Professional stating so  please file for it.

if your hubby is your care- giver  you guys need to file on that so he will be paid by the VA. (every little bit helps) 

He should get his CNA Certification.

[jfrei]

If your P and T since 2003 your at 100%? Does he get caregiver benefits ?

[Holllie Greene]

Hi jfrei,

I am pre-911 veteran so he does not get that.  A former doc at the VA filled out a form that eventually gave me/us SMC L-1 but paid at SMC L.  Kind of do not want to rock the boat and this morning a VA rep (nice as she was) told me about opening my file.  I am suspicious about what is going on here.

 

Thanks for your input.

 

HG