Can they ?

[severomen]

Good afternoon, from Bremen Ger.

On October 18 2018 ebenefits I noticed VA finally rated me as an 80% for service connected injuries. With a long list of, "Pending." And they are still pending my Unemployability request. They requested it since I haven't worked since the 24 January this year. Going on 10 months now.

Then today I got an email that they want to schedual a second C&P Exam. My question is could they take back the 80% and lower it. I haven't received any documentation in the mail just yet.  And they already changed the Retirement voucher on the DFAC site. Which gave me a good feeling. So it could be that they'll increase it ha. And what are my chances of getting Retro pay since it's been 10 months that I started my claim.

Thank you very much and highly appreciate your formum.Please keep up the all the work you guys are investing in us, The Vets.

Severino Mendez

[GeekySquid]

23 hours ago, severomen said:

My question is could they take back the 80% and lower it

@severomen

first, welcome to the forums

second, words like "could", "can", etc applied to the VA are probably a bad way to think of things. The VA could and can do just about anything they want, which shifts the burden to you to fight to prove they were wrong. Many vets give up at that point and it sometimes seems the VA likes it like that.

The better question is "are they likely to...."

No one can say for sure that the VA will do something in any particular claim, but there are things that they are most likely to do. The really experienced veterans here can make educated guesses about what is likely to happen, but those are not guarantees .

To help understand your claim, please post what conditions your are SC for and the percentage of each. Include the claims that are pending.

IF you have not already done so, go to your Regional Office physically and get your DBQ's, the code sheet, and the requests for the  various C&P exams.

If you had a previous rating you are claiming an upgrade for, get that award letter and associated DBQ's etc.

File to get your C-File now. it will take a couple months and by then all these records are likely to be in it.

Your VSO, if you have one, can do some of this for you.

Just as an example of what is "likely" to happen; Let's assume a vet has a combined 80% SC, with 70% PTSD and several 10% physical problems. Let's assume the vet has provided the VA proof that they have been fired for anger issues, poor performance, unsuitability in the workplace, and or problems with coworkers/bosses. Lets assume that vet has some police records associated to their problem. Let's assume this goes back farther than the ten months you mentioned and have gotten more frequent. Let's assume there are buddy letters/lay statements and employer statements supporting the idea you are unlikely to get and or keep a job for very long.

In that example the multiple small physical SC ratings likely won't get you IU, but the PTSD at 70% with supporting documents might just tip the scale in your favor. IU is not allowed just because you have not worked for a while, there has to be a documented association with your SC conditions.

In the converse, if your combined 80% is made up of serious physical problems with limited range of motion determinations, inability to sit, stand, walk, lift, etc, blinding migraines, or other major physical issues that are unlikely to get better, then IU is a strong possibility.

so what do you do, is probably your other question. Get the previous DBQ's and stuff. Gather whatever other evidence you have like mentioned in the example and take all that to next C&P exam.

For pete's sake be honest but don't make the mistake of contradicting your previous C&P statements.

As a rule when talking to C&P examiners, counselors, etc you don't want to minimize your problems. People have a tendency to put a good face on our problems, to say we have "dealt with it on our own". You don't get points for that, in fact if you "deal with it" the VA assumes you don't need their help.

I am sure others will chime in here, but please post those other claims and get those documents. It will help you.

[vetquest]

First off, ebenefits is not always reliable.  Is your case at the RO level or at the BVA?  As GeekySquid requested please post your current documents an we can assist you more.  Please redact personal information before posting.  I would not worry about them taking away your current benefits at another C&P.  They could do this but they do not usually so quickly reduce you unless they believe there is an issue; like you are not entitled to the benefits you received or your condition has improved. 

[Buck52]

Just Always Remember ''favorable''  medical evidence is what wins claims.

Its all about our health and conditions and when how and where they occurred.

example  you can have an old injury from Basic Training and if you have a medical report about that old injury  when it happen (medical records) or  STR's and years later even after military service  if you start having problems with that particular injury..you can file a claim for that.  the three (3) things needed is called Clauza Triangle!

1.Current Diagnosis.   (No diagnosis, no Service Connection.)

2.In Service Event or Aggravation.

3.Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”

[Buck52]

Also after a veteran has been Service Connected (S.C.) 

Each condition you have rather Direct Service Connection or secondary to a Direct Service Connected condition/Injury or diseases. 

VA Has a rating criteria for each condition we file on and they give codes for these conditions (as mention above)...whatever your condition is or Diagnosed for  then  you need to go the the CFR's And look up what the correct rating is for that condition,.

Altho we expect the VA to rate these conditions to their highest ratings (like their suppose to do) but VA don't always do that and the Veteran is ''Low Balled'' on his/her S.C. Condition.

So It pays to do your research or ask questions here on Hadit.

if your not sure and also if your not sure with your VSO or your Rep  if you use one.

[doc25]

On 10/27/2018 at 8:51 AM, severomen said:

Good afternoon, from Bremen Ger.

On October 18 2018 ebenefits I noticed VA finally rated me as an 80% for service connected injuries. With a long list of, "Pending." And they are still pending my Unemployability request. They requested it since I haven't worked since the 24 January this year. Going on 10 months now.

Then today I got an email that they want to schedual a second C&P Exam. My question is could they take back the 80% and lower it. I haven't received any documentation in the mail just yet.  And they already changed the Retirement voucher on the DFAC site. Which gave me a good feeling. So it could be that they'll increase it ha. And what are my chances of getting Retro pay since it's been 10 months that I started my claim.

Thank you very much and highly appreciate your formum.Please keep up the all the work you guys are investing in us, The Vets.

Severino Mendez

Retro pay is paid only one year back in most cases. In rare cases , when there has been a clear and unmistakable error discovered in claims older than one year...a veteran can appeal the effective date past one year to the original date.

During your C&P be honest but don't downplay your symptoms or pain level. Only answer questions they have and be to the point. If the examiner tries to sidetrack you; don't give a response or say," I do not mean seem rude, but I am here to discuss my current condition(s) only.I'll be happy to answer any questions you may have about them."

[GeekySquid]

31 minutes ago, doc25 said:

what are my chances of getting Retro pay since it's been 10 months that I started my claim.

https://cck-law.com/news/va-disability-back-pay/

https://www.benefits.va.gov/compensation/effective_dates.asp

read those two links. What they say is that the date you are paid "from" is either the date the claim was filed or the date the medical evidence shows your condition exists, which ever is later.

Your post is unclear on a couple things which may have led to the confusion in the below response to you from Doc25.

33 minutes ago, doc25 said:

Retro pay is paid only one year back in most cases. In rare cases , when there has been a clear and unmistakable error discovered in claims older than one year...a veteran can appeal the effective date past one year to the original date.

 

If for example you filed a claim on 3 Jan 2016 and the VA did not finish adjudicating the claim (for whatever reason, it happens) until Jan 2018, you would get paid for those two years paid as Retro pay. Additionally if VA letter showed up in Jan 2018 but you don't see the increase (or in the case of an initial claim, you don't see the first payment) until Feb, March, April, etc. you get retro pay for those months too.

The VA pays our compensation for the trailing month, so if your Effective date is 1 Jan you will get that money on what we typically think of as the 1 Feb check. That check in VA terms is actually the "last workday of Pick-A-Month" check because they pay trailing.

What Doc25 may be talking about is if you NOD the Effective date and claim they owe you to an even earlier date, there are only so many reasons it will be granted. One of which is CUE. The earlier date is called the EED, Earlier Effective Date, in VA terms.

Another condition might be coming into play with his answer. A veteran who files a claim in the First Year out of the service is typically paid to his First Day as a Civilian. This is an automatic mandate set into law but only applies to vets in their first year out of service.

So the answer to your actual question is a Rated Claim will be paid to the Effective Date listed in the Benefits Summary Letter. If you disagree with that date you file an NOD for an EED. If there is a CUE or other documentation/facts that change that date, you will be awarded that earlier EED.