Strongman Posted August 18, 2019 Share Posted August 18, 2019 How does the VA decide when they ask for an increase and require you to go to a C&P exam for PTSD whether my 100% stays the same goes P&T or what ? Link to comment Share on other sites More sharing options...
0 Moderator broncovet Posted August 19, 2019 Moderator Share Posted August 19, 2019 The VA is supposed to rely on regulations when considering a Vet for a reduction. Those regulations are here: https://www.law.cornell.edu/cfr/text/38/3.105 and, the protections are here: https://www.law.cornell.edu/cfr/text/38/3.344 Link to comment Share on other sites More sharing options...
0 Moderator brokensoldier244th Posted August 19, 2019 Moderator Share Posted August 19, 2019 You ask for an increase. They don't. Link to comment Share on other sites More sharing options...
0 GeekySquid Posted August 19, 2019 Share Posted August 19, 2019 8 hours ago, Strongman said: How does the VA decide when they ask for an increase and require you to go to a C&P exam for PTSD whether my 100% stays the same goes P&T or what ? I want to understand your question. Are you currently 100% PTSD? are currently P&T? If you are either or both of those, what years did they happen? were you a lower rating before that? and what was it? for how long? How old are you? All of that affects the answer to your question. For example if you are NOT P&T you are subject to recurring evaluations of your condition to see it if is still static, has gotten better, or gotten worse. If you are over 55 it is highly unlikely the VA will even consider you for a reduction unless serious evidence shows you are better or that you committed fraud to get the rating in the first place. If you are P&T for 5 years or at a specific rate for 5 years you gain another barrier to the VA reducing you. It makes it harder for them but not impossible. As your claim ages you gain more barriers to reduction until you hit 20 years at that rating. Then their only choice in trying to reduce is to claim you got the rating by fraud. @brokensoldier244th is correct you ask for an increase, or it is increased at the C&P because you have gotten worse. VA might also increase to 100% Schedular P&T to avoid a claim you make for TDIU. @broncovet is also correct and the links have good info. Link to comment Share on other sites More sharing options...
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Strongman
How does the VA decide when they ask for an increase and require you to go to a C&P exam for PTSD whether my 100% stays the same goes P&T or what ?
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