Jump to content


  • veteranscrisisline-badge-chat-1.gif

  • Fund HadIt.com

    297%
    $4,468.00 of $1,500.00 Donate Now
  • 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
     
  • 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

  • VA Watchdog

  • 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

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


silverdollar22

Recommended Posts

  • Moderator

silverdollar22

You may want to wait about three months after your Award date and request your  Updated C-File and when you get it in the Mail it should be on CD...

and check to see if they have you a ''dairy date'' scheduled.?...some times a lot of Veterans win their claims and get the 100% P&T and think their finished...and after a couple years they get a letter in the Mail from R.O. For a C&P Exam.  Even if your Award letter states no future exams scheduled.

I don't think you can find it on ebenefits...  I never have.

you don't have to do this  this is totally your options   its just good to know ahead of time  so you can be prepared.

Edited by Buck52
Link to comment
Share on other sites


I’ve never heard anything about that! (Dairy Date) what is it and where’s it at in the regs? That’s ate up that they have something like that up their sleeves. WOW 

 

Link to comment
Share on other sites

  • Moderator
 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
Link to comment
Share on other sites

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.

 

 

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Ads

  • Ads

  • Ads

  • Our picks

    • I already get compensation for bladder cancer for Camp Lejeune Water issue, now that it is added to Agent Orange does it mean that the VA should pay me the difference between Camp Lejeune and 1992 when I retired from the Marine Corps or do I have to re-apply for it for Agent Orange, or will the VA look at at current cases already receiving bladder cancer compensation. I’m considered 100% Disabled Permanently 
      • 17 replies
    • 5,10, 20 Rule
      The 5, 10, 20 year rules...



      Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.



      Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.



      Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.



      If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"



      At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.



      NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.



      ------



      Example for 2020 using the same disability rating



      1998 - Initially Service Connected @ 10%



      RESULT: Service Connection Protected in 2008



      RESULT: 10% Protected from reduction in 2018 (20 years)



      2020 - Service Connection Increased @ 30%



      RESULT: 30% is Protected from reduction in 2040 (20 years)
        • Thanks
        • Like
      • 53 replies
    • Post in New BVA Grants
      While the BVA has some discretion here, often they "chop up claims".  For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.  

      I hate that its that way.  The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel.  
        • Like
    • Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!

      My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.

      Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!
        • Like
      • 18 replies
    • I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even  reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and  nothing about stressor,
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines