Looking for some advice...

[CH88]

Hello everybody, 

I wanted to post this under the RAMP program but seems to be disabled or discontinued area to post. Anways short background is I a filed claim for anxiety and PTSD in Sept. 2016 was denied, appealed to DRO Aug. 2017, accepted to be put into the RAMP program Aug. 2018 in Supplemental claim with the initial completion date to be June 8th 2019. Called PEGGY yesterday to find out if they have had any movement and was told by individual that he really doesn't see anybody in RAMP anymore. Asked if he could dig a little deeper and he stated he would send an inquiry to the RO dealing with my claim (assuming its still in Phoenix AZ). So I checked VA.gov today and now my estimated completion date was pushed out from a completion date of tomorrow to July 10th, 2020. I thought that RAMP was a pilot program that basically the VA was attempting to complete most claims submitted for the results and find out if this new appeals process would work? Maybe I'm wrong but it seems like I should have just stayed in the DRO and not taken the risk if they are going to take the same time to complete if I didn't opt into RAMP. 

I was initially denied for mental health disabilities due to my psychologist doing the C and P exam (in 2016) stating "I cannot answer whether the disabilities started in service without mere speculation." Then the VA asked her to give an answer along the lines of most likely or not, direct, less likely, etc. She wouldn't answer and I was denied benefits. I had an IMO which gave me a an "at least likely as not" for service connection and filed an appeal. Then during this RAMP in March 2019 VA sent me to another C and P exam offsite and was given the same "at least likely as not" for anxiety service connection. I was diagnosed with anxiety, insomnia, shortness of breath/panic attacks during service which seemed kind of straight forward when applying for anxiety but I guess not. 

I guess I am asking is there anybody else out there that has a RAMP with a completion date of July 2020 or later? Does the claim seem relevant, meaning diagnosed with anxiety in service and given diagnosis of anxiety from VA mental health/private provider within few months of recent C and P? Is RAMP a long term appeals process or should I be hounding my back burner DAV rep. who seems to be busy all the time? Also I have been in a preparation for decision phase since the last C and P exam which was March 2019, for all my other claims once it hit this stage it went a lot faster. Any advice would be great, thanx!

 

Edited July 31, 2019 by CH88

[CH88]

So I found this website it states the following, 

"Once a 100% rating is given the status of Permanent & Total, it cannot be changed in the future. The VA does not require regular re-examinations of Permanent & Total Ratings, and the veteran can expect to receive full benefits of a Total Rating for the remainder of his life."

http://www.militarydisabilitymadeeasy.com/permanentandtotalunemployability.html

This one too

https://disabilitydenials.com/blog/va-100-percent-disability-ratings/

Let me know if this sounds correct.

Edited July 19, 2019 by CH88

[GBArmy]

Yes they are correct. Once you get P&T, that is it. You don't have anymore C&P exams, which could be used to decrease your rating.You are talking about a very rare instance where the VA call's you for a new C&P when the law says it is not legally required. But the practical matter is that if it did happen, you would want to get it resolved right away. You would contact them and state the facts and say it isn't a requirement. You would want a confirmation that that agree a mistake had been made and you are no longer required to attend. If you signed up for written notices, you should get it confirmed. If you can't get a written confirmation, ask for a name of the person you talked to. I would call again in a day or so and request confirmation again. The whole point is you wouldn't want to let the mistake last. But, this is important: it just isn't going to happen to you and would be easily corrected by you. Don't worry. 

[CH88]

Nice thank you. I didn't even know there were a few different type of 100% disabilities. I read on my E-benefits under letter generator tab to commissary section states, "You are no longer required exams in the future." Going through the VA disability process is an emotional experience, especially when you really aren't even sure what the hell all the decisions mean. I want to thank the hadit.com website for all the information I was able to obtain from other's postings!

[ShrekTheTank]

Just so I am clear on this does it apply to all your disabilities?  What I mean is if there is no singular rating of 100% plus P&T say your 60% one is P&T can they still come after the lower ratings?

[GBArmy]

Yes they are correct. Once you get P&T, that is it. You don't have anymore C&P exams, which could be used to decrease your rating.You are talking about a very rare instance where the VA call's you for a new C&P when the law says it is not legally required. But the practical matter is that if it did happen, you would want to get it resolved right away. You would contact them and state the facts and say it isn't a requirement. You would want a confirmation that that agree a mistake had been made and you are no longer required to attend. If you signed up for written notices, you should get it confirmed. If you can't get a written confirmation, ask for a name of the person you talked to. I would call again in a day or so and request confirmation again. The whole point is you wouldn't want to let the mistake last. But, this is important: it just isn't going to happen to you and would be easily corrected by you. Don't worry. 

Shrek

The way I read it is you are rated P&T. It doesn't say you are rated P&T for..(name one disability) but indicate that other disabilities that make your Combined rating have a different designation. How could that work? I haven't been able to find anything that leads you to believe it is P&T just for some of your disabilities but not all  of them. And I haven't seen anybody having that problem either. So, if the real question is how do you know if you are P&T (for all your listed conditions) when the decision letter didn't say so exactly, you have to look to see if other clues are there. The comment about ed bennies for your family for example is only for 100 P&T. Commisary prevledges are another, maybe the new flight bennies for free flights might now be included. Check ebenefits again for letters to you. You also might want to check out the "protected rating rules. The big one is 5 years. After that they can't reduce without major evidence your condition has substancially improved. I think you're good.

[Buck52]

I BELIEVE THEY CAN COME AFTER US AT ANY TIME IF THE CHOOSE TO  RATHER OR NOT YOU ARE P&T...AS FOR AS  SITTING UP A C&P EXAM NEVER UNDERESTIMATE THE  VA & never miss a C&P Exam if your sent the notice.

The 20 year rule is the only exemption  (jmo)