Veterans approaching the 20 year protection rule!

[Buck52]

What is a smart thing for Veterans to do getting close to their 20 year protection Rule on having there 100% or TDIU P&T  for 20 consecutive years?

As I understand when Veterans reach this mile stone or right before lets say a  year or even months away from the 20 year protection...The VA Comes out and trys to ruin the party with a reevaluation of the veterans S.C. Conditions  to see if he has actually shown improvment? and reduce his 100% or his IU.

Question?

  is it in the Veterans best interest to file on more claims  to build up his %?

  say the veteran has a160% total or combined rating to get him /her to the 100% rating and has kept this rating for over 19 years...>   since the VA can reevaluate a veteran at any given time   the more the veteran has been rated for the harder for the VA to reduce below the 100%  correct?

Like if a Veteran has a total rating of 160% and the VA reevaluates and says he has improved on these rating for a 70% improvement then they can propose to reduce him below the 100% ...but if he has more ratings  then its hard for them to knock him down below the 100% and he would be safe for the 20 year protection  correct?

 so it would be in the veterans better intrest to add more s.c. conditions or secondary conditions to keep from being reduced getting close to his 20 year protection.

Correct?

Anyone?

[Buck52]

Its about right up the VA Ally

We veterans have to fight the first ten years for our well deserved benefits  and the next 10 years we have to fight keeping them. grrrrr

[ShrekTheTank]

So I agree with this 100%  as things progress and get worse I will keep pushing.  I now have GERD and hearing loss in my left ear.  I will also get CFS at some point and arthritis from other conditions. So so for me I plan to be on case for another 5-10 years. If they keep getting worse I will keep filing till I can’t. 

[broncovet]

Mine will likely still be in appeals.  (My 20 years should be up in 2022 or 2024, depending upon the outcome of my appeals).  

Maybe Alex will answer this, but I think you should read your file to see if any of your docs said you "actually improved under ordinary conditions of life".  

Its rather rare for VA to get a reduction to stick.  

 

[Buck52]

yes broncovet ,

if Alex has the time and sees this  he will post something.

I remember him telling us a while back on another post that he has a 19 1/2 year 100%veteran that got called in for a C&P Reevaluation and Alex is helping him fight the proposed reduction so close to his 20 year protection.

I think it sucks the  VA Does this.

[GBArmy]

Buck and all... I would agree that it makes sense almost every time to file for any new or additional disabilities. As you say the more you have the harder it will be for the VA to move the needle if they try to reduce. But I would not just go in for an increase if it wasn't a strong case just when you are getting close to 20. It might be the VA's policy to do a thorough review when you close in on 20, but they are also have been known not to do what they are supposed to do. It's possible the anniversary date could slip by and you get to 20 without any mandatory review. Why call attention when you are close to the end date? Yes, have the claim ready to submit if they do have a re-exam, but don't put it in without a notice first. And you still have a chance to rebut their reduction in benefits if they do. Those are my thoughts.

[Buck52]

Oh if this ever happens to me I will do what Long time member and very loved member our late hadit member carlie did.

just before she passed away (unexpected heart attact) )she got a letter for reevaluation on her long time disability's of 15 plus years  but was not at the 20 year protection just yet.....> because she was at the VA UNDERGOING  MEDICAL TEST. She said this is more than likely what brought on the Re Evaluation 

She wrote a letter detailing as to why they need to cancer this meaningless C&P the letter she wrote to the VA Secretary  was very detailed  & it worked  they cancel the Reevaluation. 

This letter is in hadit archives  I saved it because its a great letter, carlie was through in her letter and detailed it out completely  and the letter was not that long but she got right to the point  and I do think she would want any of us veterans to use it if we need to.

I have serverel other conditions that I could get Service connected and a rating for...but I am satisfied with what I got.

  I will only file more claims if I absolutely have to to prevent any type of reduction or keep from going under what I get now.

I do agree we veterans need to wait before we file other claims   unless the veteran needs an increase and it gets him more $$  then sure file.