Effective date for PTSD and Reevaluation

[Dfinnusmc]

Hello,

I have a rating decision for PTSD 70%,IBS 30% and Tinnitus 10% the rating decision was 6/23/2015 and the va decision has effective date of 10/29/2013(FDC),I was moved from TDRL to PDRL at 70% due to Combat related PTSD.

My question is when the VA revaluates me,which shows scheduled for June/2020 as per VA letter ,will the rating be considered stable from the effective date or from the decision date? Does the DBQ the DOD did to move me to PDRL stating my PTSD is stable and not likely to improve have any weight on the VA reevaluation? I currently see VA Psychiatrist monthly and have since before being rated

Other ratings:

50% SA(secondary to PTSD)

30% Pes Cavus (bilateral feet)

10% Lumbar DDD

10% Radicuapthy (secondary to Lumbar)

Thank you for any information.

 

[Vync]

36 minutes ago, Dfinnusmc said:

My question is when the VA revaluates me,which shows scheduled for June/2020 as per VA letter ,will the rating be considered stable from the effective date or from the decision date? Does the DBQ the DOD did to move me to PDRL stating my PTSD is stable and not likely to improve have any weight on the VA reevaluation? I currently see VA Psychiatrist monthly and have since before being rated 

Stability is considered in reference to the effective date.

The future exam may be to reevaluate your IBS or tinnitus. In my case, when I had a future exam scheduled, the rating decision clearly stated that "my condition was expected to improve".

The "stable and not likely to improve" part may be sufficient to preclude a follow up C&P exam for PTSD. It might be worth calling 1-800-827-1000 or your C&P clinic and asking if they can tell you what kind of exam is scheduled in 2020.

 

Here is some very brief information about the varying levels of protection. For additional details and legal-ese, please refer to the corresponding regulation:

5 years is governed by 38 CFR 3.327
Once the effective date reaches 5 years or more at the same level, it is considered stabilized.

10 years is governed by 38 CFR 3.957
It protects the SC status from being severed.

20 years is governed by 38 CFR 3.951(b)
It protects the rating level (percentage) for a disability.

If the VA deems fraud was involved, none of the above apply.

Edited August 1, 2018 by Vync
included fraud severance statement