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