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AB8 Letter Generated on Ebenifits, it’s official 100%P&T

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silverdollar22

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  • HadIt.com Elder
 I never knew anything about this either until a Hadit elder member mention it to me,  so I look into my C-file to find out, I did have a dairy date scheduled  and I was getting prepared for the letter to come in the mail to go to a C&P Exam but they took that date off & I never was called up for a C&P. (so for)
 
  If your over age 55 and your disability is of chronic and of nature and not expected to improve within your life time then your pretty safe..I had a dairy date schedule and they took it off maybe because I am over 55 and my disability is chronic and not expected to improve in my life time  with SMC S H.B.  & K
 
§ 3.327 Reexaminations.

(a)General. Reexaminations, including periods of hospital observation, will be requested whenever VA determines there is a need to verify either the continued existence or the current severity of a disability. Generally, reexaminations will be required if it is likely that a disability has improved, or if evidence indicates there has been a material change in a disability or that the current rating may be incorrect. Individuals for whom reexaminations have been authorized and scheduled are required to report for such reexaminations. Paragraphs (b) and (c) of this section provide general guidelines for requesting reexaminations, but shall not be construed as limiting VA's authority to request reexaminations, or periods of hospital observation, at any time in order to ensure that a disability is accurately rated.

(Authority: 38 U.S.C. 501)

(b)Compensation cases -

(1)Scheduling reexaminations. Assignment of a prestabilization rating requires reexamination within the second 6 months period following separation from service. Following initial Department of Veterans Affairs examination, or any scheduled future or other examination, reexamination, if in order, will be scheduled within not less than 2 years nor more than 5 years within the judgment of the rating board, unless another time period is elsewhere specified.

(2) No periodic future examinations will be requested. In service-connected cases, no periodic reexamination will be scheduled: (i) When the disability is established as static;

(ii) When the findings and symptoms are shown by examinations scheduled inparagraph (b)(2)(i) of this section or other examinations and hospital reports to have persisted without material improvement for a period of 5 years or more;

(iii) Where the disability from disease is permanent in character and of such nature that there is no likelihood of improvement;

(iv) In cases of veterans over 55 years of age, except under unusual circumstances;

(v) When the rating is a prescribed scheduled minimum rating; or

(vi) Where a combined disability evaluation would not be affected if the future examination should result in reduced evaluation for one or more conditions.

(c)Pension cases. In nonservice-connected cases in which the permanent total disability has been confirmed by reexamination or by the history of the case, or with obviously static disabilities, further reexaminations will not generally be requested. In other cases further examination will not be requested routinely and will be accomplished only if considered necessary based upon the particular facts of the individual case. In the cases of veterans over 55 years of age, reexamination will be requested only under unusual circumstances.

Edited by Buck52
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3 hours ago, silverdollar22 said:

(Dairy Date)

I am fairly certain that it is early in the morning and that is a typo. I believe Buck meant to spell Diary Date but his morning coffee has not kicked in. A Diary Date is just another way to saying they plan to revisit your case in a period of time.

As I understand it even those of us who are P&T can have those dates assigned, even if our paperwork says no other dates are to be scheduled.

Buck is also right to point out that age factors into the decision to have a revisit. From the VA's perspective and the law, our being paid for our disabilities is a measure of how the harms affect our ability to make an income. Age affects our ability to make an income also. The older we get, the less likely we will be to get our jobs back if the disability lessens in only moderate and temporary ways.

With that thinking the law contemplates that we are not likely to have the earning power we would have "normally" been expected to have if our injuries had not occurred and that after a particular age points it will never recover. Therefore the VA just elects to not spend the money on follow up exams if your condition is not likely to substantially improve.

In other words in your case your back is not likely to get better no matter what you do, so don't sweat a re-exam if there is no Diary Date in your c-file associated to this award

Some conditions however do get better after treatment, even years of treatment, and the persons ability to earn a 'normal" income is no longer affected. The law contemplates that situation and makes room for re-exams to make sure that has not happened.

I am example of this situation. I am 100% PTSD P&T. My papers specifically state no future exams scheduled and I am over 55. Nowhere in my c-file does it say there is a "diary date" for this award.

I also have an in-process claim for smc-k for ED. That will likely be rated at 10%. It will have an Effective Date of the claim. It is unlikely to improve as medications have already proved ineffective.

I am also asking them to re-open my bilateral hearing loss claim as they stated I have the loss but disallowed service connection. They rated me at 10% tinnitus and provided a nexus, one of several in my records, for hearing loss. What they did not do is look at all my enlistments when they said my hearing loss was not service connected.  there is another long post that shows all the hearing tests in my c-file.

If the VA had accepted me 30 years ago I would have been rated for bilateral hearing loss; I had rate eligible loss in both ears when I left the Navy. With my conditions my life has not involved noisy environments and since then my hearing has improved. There is still a service connected loss, just not enough to earn a rating-for-pay at this time. Had they rated me back then and paid me back then a re-exam showing the improvement would have rightfully meant a reduction in my rating and payment. This would have been fair.

Yep it is annoying if you are legitimately as bad off as you were before, but to prevent fraud and waste the VA is 'right' to consider that some people might just actually have gotten better.

hope this all helps put your mind at ease over Diary Dates. Besides with your conditions you will continue to get treatment and they will document you along the way, it really won't get much better in any permanent way.

 

 

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  • HadIt.com Elder

 Rather we have a diary date or not  they can pull any of us up for a C&P Anytime.

Along time hadit elder &Hadit Administrator Carla Croft ''Carlie''  was our CUE CLAIMS EXPERT and darn good with CUE's she was darn good at all these claims , she was a 100% P&T disable Veteran and had her disability over 12 years consecutively with no future exams scheduled and disability was not expected to improve she was over 55

 she had went to her VAMC for some medical testing and after a couple weeks she was called in for a C&P but she got that canceled ..you can look up carlie's post on how she got this exam canceled it's in the hadit post archives

she was a smart cookie She helped countless Veterans with their claims and a dear friend to a lot of us.

Unfortunately she passed away On Nov 11th  with an sudden Heart attack in 2014.

Needless to say a BIG LOSS for hadit

RIP Carlie

Edited by Buck52
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Thanks to both of you for the clarification on this and since I’m going to be 57 around the corner I don’t think they are going to mess with me any time soon. Carlie was a great help on these forums and has left a great deal of information for us to benefit from. As I have said before I’ll ride the wave until it hits the shore!

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  • HadIt.com Elder

Yeah you should be ok  but do keep using the VA for your healthcare  or share private medical records with them...

.some times after a Veteran is rated 100%P&T they tend to leave the VA Alone...and if they do that  VA will find out...and usually this prompts  a C&P Exam assuming your disability's have improved.

so sharing your medical records will help  

After 20 Consecutive years of your S.C. Disabilty's  you won't have to worry with it so much.  your ratings are protected.

JMO

Edited by Buck52
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Thanks Buck, yeah, no reason to stop using them now. It’s not like I’m going to get better any time soon! 

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