The Grim Reaper Good Old Va

[robert51]

So after many years of Bullshit the VA throws at you it never stops... In 99 i applied and in March 2004 i was finally 70% IU PT and i though the war was over ... Well today i go to the mail and get a letter stating the VA wants to send me to a doctor to see if i am still in need of IU and if i dont respond they will deceide without me... Gee i now see how and why people flee the country and live overseas the VA is always looking to take from the poor to give to the rich..My son who is 19 and going to school Chapter 35 which if i lose IU he looses chapter 35 he says dad after i get out of school maybe i can join the Army and become an officer what do you think.... I think you would be wasting a valuable education for a country that really dont care about you or what happens to you... let the congressmens sons go to war ... Stay home and be Jody

[Jazona]

This action is probably coming out of the recent review of the VA by the GAO. The GAO said that they had reviewed some of the IU awards and that they had not been processed properly and that the VA should go back and "revisit" them. I know exactly how you feel, I'm in the same boat. Apparently, P&T means nothing to anyone anymore. This is exactly why I'm fighting the repeal of Attorneys for veterans. I would feel a whole lot better if I had an attorney by my side fighting the VA when my time comes.

Hang on to your booties, it's going to be a rough ride. Keep us posted on what happens, Robert.

jaz

[Bound4heaven]

Greetings,

I understand your position. Yes the whole C&P exams is set up against the veteran (who pays these guys? the VA). I would encourage you to keep a daily log starting as far back as you can remember and write down your daily pain. How long you slept or did not sleep. How your disabilities effect your daily life.

Put this all together and give it to the C&P doctor and send a copy to your ro. Get letters from your current treating physicians stating your disabilites and you that you cannot work becaUSE OF YOUR DISABILITIES.

Bring along your decision letter from the SSA and submit that to the C&P dr. Also send a copy of that decision letter to your RO as well and have it entered as"Objective" edivence.

I believe if you do this you will not a problem retaining you IU. God bless you.

Bound4Heaven

[carlie]

rick 54,

Is this what you're looking for?

carlie

§ 3.344 Stabilization of disability evaluations.

(a) Examination reports indicating improvement. Rating agencies will handle cases affected by change of medical findings or diagnosis, so as to produce the greatest degree of stability of disability evaluations consistent with the laws and Department of Veterans Affairs regulations governing disability compensation and pension. It is essential that the entire record of examinations and the medical-industrial history be reviewed to ascertain whether the recent examination is full and complete, including all special examinations indicated as a result of general examination and the entire case history. This applies to treatment of intercurrent diseases and exacerbations, including hospital reports, bedside examinations, examinations by designated physicians, and examinations in the absence of, or without taking full advantage of, laboratory facilities and the cooperation of specialists in related lines. Examinations less full and complete than those on which payments were authorized or continued will not be used as a basis of reduction. Ratings on account of diseases subject to temporary or episodic improvement, e.g., manic depressive or other psychotic reaction, epilepsy, psychoneurotic reaction, arteriosclerotic heart disease, bronchial asthma, gastric or duodenal ulcer, many skin diseases, etc., will not be reduced on any one examination, except in those instances where all the evidence of record clearly warrants the conclusion that sustained improvement has been demonstrated. Ratings on account of diseases which become comparatively symptom free (findings absent) after prolonged rest, e.g. residuals of phlebitis, arteriosclerotic heart disease, etc., will not be reduced on examinations reflecting the results of bed rest. Moreover, though material improvement in the physical or mental condition is clearly reflected the rating agency will consider whether the evidence makes it reasonably certain that the improvement will be maintained under the ordinary conditions of life. When syphilis of the central nervous system or alcoholic deterioration is diagnosed following a long prior history of psychosis, psychoneurosis, epilepsy, or the like, it is rarely possible to exclude persistence, in masked form, of the preceding innocently acquired manifestations. Rating boards encountering a change of diagnosis will exercise caution in the determination as to whether a change in diagnosis represents no more than a progression of an earlier diagnosis, an error in prior diagnosis or possibly a disease entity independent of the service-connected disability. When the new diagnosis reflects mental deficiency or personality disorder only, the possibility of only temporary remission of a super-imposed psychiatric disease will be borne in mind.

(b) Doubtful cases. If doubt remains, after according due consideration to all the evidence developed by the several items discussed in paragraph (a) of this section, the rating agency will continue the rating in effect, citing the former diagnosis with the new diagnosis in parentheses, and following the appropriate code there will be added the reference “Rating continued pending reexamination ___ months from this date, §3.344.” The rating agency will determine on the basis of the facts in each individual case whether 18, 24 or 30 months will be allowed to elapse before the reexamination will be made.

© 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.

[26 FR 1586, Feb. 24, 1961; 58 FR 53660, Oct. 18, 1993

[robert51]

Robert51,

The va should not lower you rating based on one reexamination. I am still looking for references to this but I am sure this is the law.

Concerning reexaminations read the following:

Title 38 § 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 (:o and © 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)

(:o 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.

whenever VA determines there is a need to verify either the continued existence or the (((((current severity of a disability.)))) Generally...... We all know if the VA gives you a 50% and you had a 70% it will be up to the VET to prove he is a 70 and not 50 ... take the GAF score everyone talks about ... i have 3 of them i have seen in my paperwork one at 45 one at 50 and one at 55 and the lower one means 70% is most likley while the 55% makes it look like a 50% rating.. Just sucks

This is the part that i dont like , its like a deck of cards.. if a guy is 70 and then gets IU now he is at the 100% rate so he can now apply for Chapter 35 and get that now drop the 70% to say 50% so what happens to his IU and his chapter 35 this would be a major change in any guys life to go from o to 60 right a way ... one thing leads to another i mean they dont have to say .. hey bob your cured they only have to say well we feel 50% is better then 70% and they win . Its like all the years of bullshit and waiting and getting denied over and over and finally getting to where you think its over and bam.... back to square one..

[Vike17]

Robert51,

Carlie, Rickb54 and JohnM have given you some pretty darn good insight on you situation. You shouldn't sweat it if your disabilities haven't changed; especially if you are receiving 100% due to Individual Unemployability (IU), and haven't worked since receiving IU and cannot continue to work in the future due to your service-connected disabilities. Just go to the C&P exam and then sit back and relax.

The VA cannot and will not "say well we think now your a 50% then they could also say with only 50% you can not get IU and of course your childrens chapter 35 is also droped." They have to go by medical documentation. Furthermore, as Rickb54 said, the VA cannot reduce a mental disability one exam unless the the award itself was based on one exam before. The VA will only reduce an IU award if there is solid evidence that you have obtained a substatial gainful occupation.

One thing to keep in mind is that when a veteran receives a designation of P&T for multiple disabilities, it may be that one of those disbilities that actually have no affect on the overall rating was scheduled for an exam and not the disability that warranted the P&T desigantion in the first place. For example, let's say you have a 60% rating for IVDS and 20% for the right knee with IU, and the IU and P&T was based on the IVDS. There might be the possibility that the right knee may come up on a review exam later, even though you are designated P&T. This does happen from time to time.

Just try to relax, if your disabilities truely haven't changed and you haven't worked since your last C&P exam, you don't have anything to worry about!

Vike 17

[carlie]

Robert51,

"Well today i go to the mail and get a letter stating the VA wants to send me to a doctor to see if i am still in need of IU and if i dont respond they will deceide without me"

I would respond and if sent for an exam - GO TO IT. Take any supporting evidence you have to the exam with you. Example's, continued treatment appointment dates you attended, doc's treatment summary,

RX meds relevant to your SC'd conditions etc, income tax statements showing no income from employment etc, social security award, etc...

jmho,

carlie