How to change a disablity from non permanent to permanent

[Armyman2069]

I have one of my disabilities mark as non permanent, however, its been 7 years since the finding and I have not yet been called back into have a re-evaluation of my disability. Every time I go to the VA doctor I always let them know I still have the same issues and its not getting any better. How do I go about having my disability change to permanent? I have looked on ebenefits but there is no clear explanation on how to do this.    

[broncovet]

Great question!!!  I wish there was a better answer.  

"Being permanent" means a lot if you are being reduced.  Look at this:

https://www.law.cornell.edu/cfr/text/38/3.344

In relevant part, notice the last paragraph:

Quote

.....(c) Disabilities which are likely to improve. The provisions of paragraphs (a) and (b) of this section apply to ratings which have continued for long periods at the same level (5 years or more). They do not apply to disabilities which have not become stabilized and are likely to improve. Reexaminations disclosing improvement, physical or mental, in these disabilities will warrant reduction in rating.

So, the "protections" of 38 CFR 3.344 DO NOT APPLY if you are NOT permanent, or if you have been rated less than 5 years.  

    Since you have not been reduced from your temporary status in that 5 years, you have become permanent.  

    Glitch WARNING::::::

   You get  Chapter 35 and other benefits from being Permanent AND TOTAL.       You probably wont "automatically" get Chapter 35 if you are rated as "non permanent" after 5 years.  

So, you would need to apply for "permanent and Total" to get Chapter 35 benefits and the other benefits which require P and T.  (Many of these are "state" benefits such as waiver of all or some part of property taxes in some states)   

     My advice, therefore:  If you are NOT 100 percent, but lets say you are 50 percent PTSD DO nothing.  You dont need to worry about it, because you are protected via 38 CFR 3.344 C, above.  

    But, if you are 100 percent but not permanent, and you want chapter 35 benefits, etc. etc., THEN you will need to apply.  File a new claim, and request P and T.  

[Vync]

@Armyman2069 because you are 90%, please check my blog entry. It talks about the various rating protections over time (5, 10, and 20 years). It goes hand in hand with what @broncovet noted about 38 CFR 3.344. Additionally, if your physician states your disability "is not likely to improve" the VA is more likely to consider it stabilized.