Is Re-Examination inevitable?

[DisplacedCoastieinCanada]

Hey there. I'm just trying to get an idea of what to expect over the next few months. I'll summarize my situation briefly here.

I have 2 VA-rated disabilities. 70% for Major Depression and Anxiety, 40% for a back injury. Both of these are listed as not permanent.

I was discharged in January of 2015. May 2015 I received my ratings. I was bumped up from 70% to 80% in December of last year when I had my back re-examined. Prior to the re-examination last year, my back was only rated at 10%. 

I know that the VA likes to re-exam at the 5-year mark. I'm wondering if I should be expecting a re-exam for depression and anxiety early next year. I'm very much hoping that I'll slide under the radar because I live in another country and I was just seen a year ago for my back, but I know this is unlikely. I'm guessing the VA has an automated system that shows a glaring red mark for people coming up for re-examination. Honestly, I think my depression and anxiety has gotten worse and has further affected my quality of life, but I will have major issues affording the trip down to the VA, and if they did drop my rating, I stand to potentially lose my house since I have to re-qualify for my mortgage next year. Side worries, I know, but big ones for me.

Anyways, is there any chance that I might not be called in for a re-exam, or is it pretty much inevitable these days?

Thanks!

[DisplacedCoastieinCanada]

I should also ask:

Does anyone know how much notice you typically get for the re-exam? I'm hoping at LEAST a month, but ideally more....

[GBArmy]

On 11/22/2019 at 7:45 AM, broncovet said:

 

 

When you get a decision, they often state something like, "no future exams are scheduled".  This is VA's way of saying you are P and T.  The trouble is, your tax office that gives you a tax exemption if you are P and T, is unfamiliar with VA lingo, and they don't know what "no future exams are scheduled" means.  

 

 

Edited November 24, 2019 by GBArmy
duplicate post

[GBArmy]

Sorry Coastie, not good news on how long of a notice. It really can be a matter of just a few days sometimes, a month would be unusual. However, you may request a new date when they call you. Tell them of your hardship, for example if you are living in Canada and travel will be a problem. They don't have to consent to your request, but they might. But again, don't miss your scheduled date or you can lose your disability. Obviously, very important to do it. If you do get a reschedule, try to get a confirmation. Who you talked to, time, date. An email would be great, or confirming letter. If it is an outside outfit, communication between them and the VA is sometimes a problem and the VA might not get the change and you'd have to work a new problem unnecessarily.

[Vync]

15 hours ago, DisplacedCoastieinCanada said:

I should also ask:

Does anyone know how much notice you typically get for the re-exam? I'm hoping at LEAST a month, but ideally more....

It can vary, but here's what happened to me. I was brought in for re-examination once. It was for an asthma claim where I went from 30% to 60% due to periodic steroid treatments. When the claim was awarded, the decision letter stated that it was temporary because they expected me to improve. About a year later, I got the letter in the mail proposing to reduce my rating. It asked me to submit additional evidence to support the continued rating. I had been receiving treatment from a non-VA doc and had copies of those records. I sent them in the next day along with the release of medical information form. About six weeks later, I got a reduction decision in the mail. I filed an appeal notice of disagreement right away and asked for an in-person DRO meeting. It took about 18 months (6 or 7 years ago) to get the meeting. I presented the evidence and the DRO indicated the VA may have made a stupid error by not reading the material we could both see in my claims file. About six weeks later, I received a decision letter reversing the improper reduction. It just goes to say that when filing for an increase or fighting a reduction, evidence can be applied to get you the benefit level you deserve (if the VA actually reads the evidence).

[paulstrgn]

2 hours ago, Vync said:

if the VA actually reads the evidence

That is hitting the nail on the head...getting the VA to just read the evidence submitted. It really would cut down on their work.

[vetquest]

 

5 hours ago, Vync said:

It took about 18 months (6 or 7 years ago) to get the meeting.

DRO hearings in the legacy system are now supposed to be running 13 to 26 months without an in person hearing.  And that is the estimate, I have been waiting 13 months and not a peep.