Less Than 2 Years Re-Evaluation

[Rakkasan]

This seems fairly fast since my final decision 1 1/2 years ago. Is this normal? Figured I would have to do another one 3-5 years. Just a bit curious.

 

Also another side note: Of course, I would still be attending my C&P but if I attach my favorable DBQ that I just recently had done how much weight does it carry? Thanks all!

[Buck52]

After a veteran is diagnose with PTSD AND IS GIVEN A RATING

if he don't stay in treatment or see a Therapist  this is usually what prompts a re evaluation.

  not going to treatment the VA think you must have improved. 

jmo)

[vetquest]

Buck52 is right on there.  It may seem silly but you must stay in treatment for PTSD or they look for a reduction.  PTSD is something that is very hard to quantify sometimes and I do not know any vet that was cured successfully.  I would like to find out how someone is cured but that is above my paygrade.  My psychiatrist prescribes medicine and I undergo maintenance with a psychologist and have been since I got out.  I do not have as many problems in that now I am not working but the problem is still there.

If they do offer a reduction you have appeal rights the same as if you were appealing any other claim.  You have the supplemental, HLR, and the BVA. 

[Buck52]

ON A PROPOSAL TO REDUCE LETTER  VETERANS ONLY HAVE 60 DAYS TO RESPOND TO THE LETTER ONCE IT ARRIVES , THE INSTRUCTIONS SHOULD BE IN THE LETTER.

AS TO WHAT THEY WANT TO DO AS FOR AS GETTING THE PROPOSAL  SOLVED.

[Vync]

@vetquest I found the regulation regarding reexaminations

https://www.ecfr.gov/cgi-bin/retrieveECFR?gp=&SID=e2da3beb077befda21b986cc531ccda7&mc=true&r=SECTION&n=se38.1.3_1327

Quote

§3.327   Reexaminations.

(a) General. Reexaminations, including periods of hospital observation, will be requested whenever VA determines there is a need to verify either the continued existence or the current severity of a disability. Generally, reexaminations will be required if it is likely that a disability has improved, or if evidence indicates there has been a material change in a disability or that the current rating may be incorrect. Individuals for whom reexaminations have been authorized and scheduled are required to report for such reexaminations. Paragraphs (b) and (c) of this section provide general guidelines for requesting reexaminations, but shall not be construed as limiting VA's authority to request reexaminations, or periods of hospital observation, at any time in order to ensure that a disability is accurately rated.

(Authority: 38 U.S.C. 501)

(b) Compensation cases—(1) Scheduling reexaminations. Assignment of a prestabilization rating requires reexamination within the second 6 months period following separation from service. Following initial Department of Veterans Affairs examination, or any scheduled future or other examination, reexamination, if in order, will be scheduled within not less than 2 years nor more than 5 years within the judgment of the rating board, unless another time period is elsewhere specified.

(2) No periodic future examinations will be requested. In service-connected cases, no periodic reexamination will be scheduled: (i) When the disability is established as static;

(ii) When the findings and symptoms are shown by examinations scheduled in paragraph (b)(2)(i) of this section or other examinations and hospital reports to have persisted without material improvement for a period of 5 years or more;

(iii) Where the disability from disease is permanent in character and of such nature that there is no likelihood of improvement;

(iv) In cases of veterans over 55 years of age, except under unusual circumstances;

(v) When the rating is a prescribed scheduled minimum rating; or

(vi) Where a combined disability evaluation would not be affected if the future examination should result in reduced evaluation for one or more conditions.

(c) Pension cases. In nonservice-connected cases in which the permanent total disability has been confirmed by reexamination or by the history of the case, or with obviously static disabilities, further reexaminations will not generally be requested. In other cases further examination will not be requested routinely and will be accomplished only if considered necessary based upon the particular facts of the individual case. In the cases of veterans over 55 years of age, reexamination will be requested only under unusual circumstances.

Cross Reference: Failure to report for VA examination. See §3.655.

[26 FR 1585, Feb. 24, 1961, as amended at 30 FR 11855, Sept. 16, 1965; 36 FR 14467, Aug. 6, 1971; 55 FR 49521, Nov. 29, 1990; 60 FR 27409, May 24, 1995]

Keep in mind "prestabilization" from (b)(1) means when you were granted the 50% or 100% rating when leaving service. Everything else should fall under (b)(2) or (c) depending on the circumstances.

[Vync]

Yes, it can happen. Sometimes the rating might not have become old enough to be deemed stabilized. You can check your award letter and see if it mentions something like "temporary rating" or "rating is expected to improve". 

Below are a couple of articles which might be helpful depending on your situation. 

 

[Rakkasan]

2 hours ago, Buck52 said:

After a veteran is diagnose with PTSD AND IS GIVEN A RATING

if he don't stay in treatment or see a Therapist  this is usually what prompts a re evaluation.

  not going to treatment the VA think you must have improved. 

jmo)

I am still under their care. I am under constant medication and still go to my social worker appointments every 3 months like clockwork. I am not too worried I was just curious.

If I attach my favorable DBQ that I just recently had done how much weight does it carry? Thanks all!