Less Than 2 Years Re-Evaluation

[Rakkasan 2]

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 3,235]

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 1,032]

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 3,235]

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 2,286]

@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 2,286]

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]

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!

 

[awgv001 97]

31 minutes ago, Rakkasan said:

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!

 

Plenty of weight, that's nearly the best thing you can do I believe, and to go hand in hand with statements (spouse or other) would be pretty hard to argue around.

[Guest]

Believe this or not, You can fax your favorable DBQ to the intake center or your can have your doctor's office fax it to the VAMC medical center.  Your Dr.'s  office should already have a signed release of information form in their possession and that is a very easy way to get this evidence in your file.  Also the C & P examiner would have it right in his/her face before your exam.  Get that evidence in one way or another now.  I new a vet that asked me about a re-evaluation and he was very nervous.  I told him to just go and tell the truth.  He went from 30% to 70% for PTSD.

[Apache 0]

On 2/12/2020 at 6:53 AM, 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)

how would the VA know that the veteran isn’t seeking treatment else where?

V/r

 

 

[vetquest 1,032]

47 minutes ago, Apache said:

how would the VA know that the veteran isn’t seeking treatment else where?

V/r

Usually the VA is required to see the disabled veteran every year for a checkup.  At this time they will ask about your appointments and treatment.  If you do not go to the checkup they will assume you are not getting treatment.

[Guest]

Depending on your rating your Doctor and or social worker may flag your file for re-examination if he/she believes you are better or worst.  It could be for any reason.

[Apache 0]

1 hour ago, Vync said:

@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

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.

Does this go for vets with P&T and/or IU ratings? 

[Guest]

7 minutes ago, Apache said:

Does this go for vets with P&T and/or IU ratings? 

First things first, anything with VA is possible. Normally when a veteran is granted P & T, the veteran would not get future C & P exams unless he/she file new claims.  In order to process the new claim the veteran would get C & P exams on these claims.  The same thing with IU but VA can and do re-evaluations on them.  Remember IU is not permanent and can be re-evaluated.

[Vync 2,286]

14 hours ago, Apache said:

Does this go for vets with P&T and/or IU ratings? 

Adding to @pete992's advice,  it can happen, but based on the posts we see here on Hadit, it doesn't happen too often for P&T. For IU, getting bumped up to TDIU would offer some additional protection, not to mention the convenience of not having to submit annual income statements.

[Guest]

2 hours ago, Vync said:

P&T. For IU, getting bumped up to TDIU would offer some additional protection, not to mention the convenience of not having to submit annual income statements.

Please forgive me in advance for any confusion and or misunderstanding.  IU is TDIU, they are and pay the exact same benefits.  The only bump IU and or TDIU can get is P & T and would pay a veteran a little more with SMC payments at different levels.  Years ago we had some confusion of some veterans thinking IU was temporary but the only temporary rating would be a convalescent rating after surgery or to recover.  If I am not correct but I thought VA stopped requiring veterans to fill out that stupid VA form 21-4140  Employment Questionnaire years ago.

[Buck52 3,235]

Pete I  JUST SENT IN A  21-4140 couple weeks ago as I usually do every year about this time  for the last 18 years, I also sent a message  and I ask this question

on a blank sheet of paper

Excuse me, but am I still required to send in this 21 -4140 every year Like have for the last 18 years? please advice me if I don't.

Thank you

They came back and said Yes sir you still need to send this form in once a year as the regulations state.  failure to send in this form could result in reduction of benefit's 

So I Send mine in  just to be on the safe side.

I tell veterans that are receiving IU /TDIU P&T unless your R.O. has sent you a letter with the VA letter head, that your not required to send this 21-4140 in anymore, if not   then by all means send in this form to your applicable R.O.

I know I have had conflicting reports that we don't need to send this form in anymore  they check with the SSA AND  IRS to see if you been working or not therefore you don't need to send this 21-14140 form in...that is total BS  and just a myth someone started.

[Vync 2,286]

2 hours ago, pete992 said:

Please forgive me in advance for any confusion and or misunderstanding.  IU is TDIU, they are and pay the exact same benefits.  The only bump IU and or TDIU can get is P & T and would pay a veteran a little more with SMC payments at different levels.  Years ago we had some confusion of some veterans thinking IU was temporary but the only temporary rating would be a convalescent rating after surgery or to recover.  If I am not correct but I thought VA stopped requiring veterans to fill out that stupid VA form 21-4140  Employment Questionnaire years ago.

You're right. That's pretty much what I meant. I knew there was some sort of differentiation between IU and TDIU beyond the annual income statement deal. That employment questionnaire is definitely stupid.