Jump to content
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    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 ...
    Continue Reading
     
  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • Advertisemnt

  • Ads

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

    employment 2.jpeg

    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

  • Searches Community Forums, Blog and more

  • Ad Free Subscription.jpgOne Time Financial Gift.jpg

    Subscriptions and Gifts are NOT Tax Deductible. HadIt.com is NOT a Non Profit.

  • 0
Gastone

What's the difference for Rerating PTSD SC's held for less than 5 yrs, BIG!?

Question

Yesterday a Nam Vet (72 yrs) got in touch regarding a VA Notice of Intent to reduce his PTSD 70% SC (Awarded approx 2014) and his IU Award (Awarded after the PTSD). My immediate response was to tell him to have his VSR immediately File for a Reduction Hearing.

This Vet was beside himself, as I imagine most Vets receiving an Intent to Reduce would be. Turns out he has a 24 yr old daughter that has suffered since childhood with ADD. His VSR recommended that he File a Comp Claim on her behalf for Direct or Secondary AO SC of her MH problem. 

By all rights, this VET being 72, IU T & P No Future Exams Scheduled, should have been home free regarding any Reduction C & P for any of his SC'd conditions. He was, right up to filing the New Claim for his daughter about 7 mos ago. He recalls being called down to the Det VMC for a PTSD Exam, just didn't realize it could result in a PTSD Reduction.

3 weeks ago he received the "Intent to Reduce" based on the PTSD C & P. The Dr (Assume Psychiatrist) said in his determination the Vet had greatly improved and the DBQ ended up supporting a PTSD 10% SC Rating, WTF.

As it turns out, Vet's with SC PTSD Ratings  (or any other Condition) held for less than 5 years are subject to possible reduction based solely on a recent C & P PTSD EXAM or VMC MH Records. If a Vet has any Rating for 5+ years, the Rater has to review the VMC Record in its entirety and can't rely on a recent snapshot  C & P opinion. There has to be documented Medical Evidence demonstrating significant improvement over a long period of time.

Any Vet out there, had a similar Rating Reduction proposed?

Share this post


Link to post
Share on other sites

Recommended Posts

  • 0

I had a proposed reduction.  It was a joke.  They threatened to take away my dependents benefits?   I submitted a new dependents form and it went away.  VA LOOOOOOVES to scare Vets into not applying for additional benefits they deserve, by making them fear a reduction.  Knowledge is power.  

They should have never scheduled this Vet for a reduction exams...those are not supposed to be given beyong age 55, but then there is that fear factor, that VA wants to uphold.  

Share this post


Link to post
Share on other sites

Ad

  • 0

Yes, this is the fear factor to discourage vets from making more claims.  If I was called in for a C&P exam for any of my issues I would be getting an IMO in a hurry and I would also be expecting a frame-up as well.  Back in the 80's I had a C&P exam and that VA shrink was intent on severing my entire service connection.   Too bad I had been SC for about 15 years at the time.  First we get the Fear Factor for those on TDIU and now we hear about reduction exams.  Does the government think they balance the budget on our backs?

Share this post


Link to post
Share on other sites
  • 0

Curious in my case if I’ll have a reduction exam given to me especially since I’m still in my 30s? My 100 scheduler rating has one Single 100 rated Disabilty Residuals of my sTBI which has been made Permanent and total. And several other rated two 30s, one 20s, and three 10s.

Share this post


Link to post
Share on other sites
  • 0

Is your TBI Rated in conjunction with PTSD? Generally speaking, PTSD Ratings for Vets under 55 always have a "Bulls Eye" on them for Re-Rates at 3 to 5 yr intervals.

Ask your POA VSR to eyeball your C-File for any "Diary Dated" scheduled Re-Exams.

Keep in mind the 72yr old Nam Vet I mentioned above. You file a New Secondary Claim, all bets are off, all SC's are open for Review.

Share this post


Link to post
Share on other sites
  • 0

I would say that for all vets rated 100% or TDIU keep going to the VA for treatment and keep a steady flow of complaints.  This is why after I got TDIU I did file more claims based on AO exposure .  I do believe that if you have legitimate secondary claims that mean money or could be fatal then file. 

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Our picks

    • CBO Options for Reducing the Deficit: 2019 to 2028 Published Dec 2018
      CBO Options for Reducing the Deficit: 2019 to 2028 - This CBO Report has been making the news. This post includes parts relevant to veterans. Nothing has been decided as of yet and some seem very unlikely but you never know. Forewarned is Forearmed.

       

      https://www.hadit.com/cbo-options-for-reducing-the-deficit-2019-to-2028-published-dec-2018/
      • 6 replies
    • 2019 Veterans Benefits
      State Benefits, Space A and More ... https://www.hadit.com/2019-changes-to-veterans-benefits-state-and-federal/
      • 2 replies
    • Appeal granted and closed.
      My appeal was granted and closed on November 9.  I got an unofficial notification from the DAV on November 15 stating "appeal granted with an evaluation of 30%" which is great!  My question is this:  How long until I get the official notification from the va? Nothing on ebennies has updated since the appeal closed. Appeal is now in historical and just says complete and at originating va office. I understand no one knows va timelines to a tee but a general timeline would be great.  Thank you all! Hope you have a Merry Christmas!

       

      Edit:  This was my first time appealing and it was a VBA grant. 
        • Like
      • 6 replies
    • Question About Temporary 100% Rating for Hospitalization
      Hey all. I've searched all over the net, and read the CFR on the topic. I will be going to PTSD Dom inpatient treatment here soon. I read that it's possible to get 100% temp for hospitalization. However, the CFR says that PTSD Dom does not qualify, but then in the exceptions it says that it may. Does anyone know if I will qualify for temp 100%. I will be in there for almost 2 months. Here is the CFR code, and the part regarding the matter-

       

      Do not apply the provisions of 38 CFR 4.29 when a Veteran

      is treated as a resident in a State Veterans’ home is currently receiving a total rating for the disability for which hospitalization was required is a resident in a VA domiciliary program, or is a participant in a live-in/work out program being utilized to facilitate transition to community living.

       

      Exceptions:
      Hospitalization in excess of 21 days for an SC disability in a medical facility located at a State Veterans’ home may entitle the Veteran to hospitalization benefits. Veterans are entitled to hospitalization benefits for treatment in excess of 21 days in a day hospital program if the treatment given is consistent with hospital care for a SC disability even though they are concurrently required to be housed in a VA domiciliary.

      The exceptions part is confusing me. Does anyone know if I am entitled to a temporary 100% rating? I'm currently rated for the same reason I'm going inpatient.
      • 2 replies
    • Abbreviations, Acronyms, etc.
      Abbreviations, Acronyms, etc.
      • 0 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
  • Our picks

    • CBO Options for Reducing the Deficit: 2019 to 2028 Published Dec 2018
      CBO Options for Reducing the Deficit: 2019 to 2028 - This CBO Report has been making the news. This post includes parts relevant to veterans. Nothing has been decided as of yet and some seem very unlikely but you never know. Forewarned is Forearmed.

       

      https://www.hadit.com/cbo-options-for-reducing-the-deficit-2019-to-2028-published-dec-2018/
      • 6 replies
    • 2019 Veterans Benefits
      State Benefits, Space A and More ... https://www.hadit.com/2019-changes-to-veterans-benefits-state-and-federal/
      • 2 replies
    • Appeal granted and closed.
      My appeal was granted and closed on November 9.  I got an unofficial notification from the DAV on November 15 stating "appeal granted with an evaluation of 30%" which is great!  My question is this:  How long until I get the official notification from the va? Nothing on ebennies has updated since the appeal closed. Appeal is now in historical and just says complete and at originating va office. I understand no one knows va timelines to a tee but a general timeline would be great.  Thank you all! Hope you have a Merry Christmas!

       

      Edit:  This was my first time appealing and it was a VBA grant. 
      • 6 replies
    • Question About Temporary 100% Rating for Hospitalization
      Hey all. I've searched all over the net, and read the CFR on the topic. I will be going to PTSD Dom inpatient treatment here soon. I read that it's possible to get 100% temp for hospitalization. However, the CFR says that PTSD Dom does not qualify, but then in the exceptions it says that it may. Does anyone know if I will qualify for temp 100%. I will be in there for almost 2 months. Here is the CFR code, and the part regarding the matter-

       

      Do not apply the provisions of 38 CFR 4.29 when a Veteran

      is treated as a resident in a State Veterans’ home is currently receiving a total rating for the disability for which hospitalization was required is a resident in a VA domiciliary program, or is a participant in a live-in/work out program being utilized to facilitate transition to community living.

       

      Exceptions:
      Hospitalization in excess of 21 days for an SC disability in a medical facility located at a State Veterans’ home may entitle the Veteran to hospitalization benefits. Veterans are entitled to hospitalization benefits for treatment in excess of 21 days in a day hospital program if the treatment given is consistent with hospital care for a SC disability even though they are concurrently required to be housed in a VA domiciliary.

      The exceptions part is confusing me. Does anyone know if I am entitled to a temporary 100% rating? I'm currently rated for the same reason I'm going inpatient.
      • 2 replies
    • Abbreviations, Acronyms, etc.
      Abbreviations, Acronyms, etc.
      • 0 replies
×

Important Information

{terms] and Guidelines