What happens when the VA changes its rating structure?

[Sheila]

Back in 2003, i was rated for 50% pelvic floor trauma with post op cystocele and my combined rating is 80% IU.  I've held this rating for 15 years.  I've been doing some research and the VA has restructured its gynecological ratings and my rating is no longer there.  

I recently reopened my claim and i think i may have shot myself in the foot.  I'm assuming there is a good chance that they can completely rerate me under the new guidelines.  Thoughts?

[Tbird]

I don't have answer but that sure is a good question. bump bump

[Sheila]

Just now, Tbird said:

I don't have answer but that sure is a good question. bump bump

I'm pretty much hyperventilating thinking what have i done asking for p&t so close to the 20 year mark.

[Tbird]

@Shelia breath, just breath. Nothing is written in stone and many of us go to the worst possible outcome. Just step back and lets look at the facts, you say you reopened your claim recently. Is all you did was asked to be rated permanent?

[Sheila]

3 minutes ago, Tbird said:

@Shelia breath, just breath. Nothing is written in stone and many of us go to the worst possible outcome. Just step back and lets look at the facts, you say you reopened your claim recently. Is all you did was asked to be rated permanent?

Yes, that's all i did.  I have another post around here where the VA refused to see me unless i enrolled in the system.  My husband, myself and our kids are on Obamacare and we have a tax subsidy.  You can't use the VA and receive the tax cut so the VA was forcing my hand to file P&T so i can get my catheters.  I'm just so stressed over all of this.  I know i need to breathe, but i have kids still at home and i'm so stressed i'm going to lose my $$$.

Can anyone explain this to me:  38 U.S. Code § 1155.Authority for schedule for rating disabilities. 

 

The Secretary shall adopt and apply a schedule of ratings of reductions in earning capacity from specific injuries or combination of injuries. The ratings shall be based, as far as practicable, upon the average impairments of earning capacity resulting from such injuries in civil occupations. The schedule shall be constructed so as to provide ten grades of disability and no more, upon which payments of compensation shall be based, namely, 10 percent, 20 percent, 30 percent, 40 percent, 50 percent, 60 percent, 70 percent, 80 percent, 90 percent, and total, 100 percent. The Secretary shall from time to time readjust this schedule of ratings in accordance with experience. However, in no event shall such a readjustment in the rating schedule cause a veteran’s disability rating in effect on the effective date of the readjustment to be reduced unless an improvement in the veteran’s disability is shown to have occurred.

I've also consistently held my rating for 15 years with no improvement and no call back exams.  I did open up my claim solely to ask for p&t.

[Tbird]

here's an article that may help https://cck-law.com/news/tdiu-permanent/ and https://www.nolo.com/legal-encyclopedia/va-reexaminations-reductions-veterans-disability-benefits.html

[Tbird]

i think both those articles will help you out. Read them I do not think they will reduce you unless you've improved and that doesn't sound like it.