Mental Re-evaluation just notified

[kevin4998]

Well I was expecting this and hoping it would never come.  I was just called and notified that they want me to come in and do a mental compensation re-evaluation.  Its been about 5 years and since I just turned 54 this past month in February I was sorta expecting this.

My Mental, as you will see is my higher of my compensations... rated at 70% giving me a total of at least 90%.   This rating allowed me to follow up with a TDIU request which was approved. 

I am almost positive they will attempt to lower my 70% down to 50% (hopefully no lower), but, doing the math still puts me at 90% overall.    

So I have a few questions.

1) Would it be possible they may lower my mental below 50%, that seems a bit to much for a normal drop?

I personally do not think I am below 50%... I fully believe I am at 70% dgaf if I die mentality really.

2) If by chance they lower my percentage by any percent would they re-eval me for my TDIU, or could they automatically just drop TDIU with out an evaluation based on my percentage if my percentages no longer meets the criteria?

3) On the very remote chance of them keeping my percentage or even more remotely raising it... would that be an automatic possibility of Permanent  and Total based on my following numbers?

I ask this because the next higher is 100% but I do not believe they will do that.  And, I also ask if at 70% because of just turning 54.  From my research at age 55 most of the time doctors dont expect improvements on medical conditions.   So IF this is true, maybe this is the reason of the the re-evaluation.

• somatic symptom disorder with persistent depressive disorder 70%
• Gastroesophageal Reflux Disease (GERD)                               30%
• Barrett's esophagus                                                                    30%
• spinal stenosis                                                                            20%
• Radiculopathy, right lower extremity                                           20%
• Pain disorder                                                                              30%
• Radiculopathy, left lower extremity                                            20%
• 94.73152% with pain disorder 90% with pain disorder
• 92.4736%   with out pain disorder
•  
• somatic symptom disorder with persistent depressive disorder  50%
• Gastroesophageal Reflux Disease (GERD)                                30%
• Barrett's esophagus                                                                     30%
• spinal stenosis                                                                             20%
• Radiculopathy, right lower extremity                                            20%
• Pain disorder                                                                                30%
• Radiculopathy, left lower extremity                                              20%
• 91.2192% The rounded number would be 90% with pain disorder
• 87.456%   The rounded number would be 90% without pain disorder

I included and discluded pain disorder because in a way(and from what I have read years ago) pain disorder is a mental disorder... I could be wrong and probably am.  

But i am always worried they will remove it from my disabilities.

If you have any input please respond so I can digest this well in advance of March 23.  Talk about my anxiety going through the roof today.. ugh.

Thank you

Kevin!

 

Edited March 5, 2020 by kevin4998

[awgv001]

21 minutes ago, kevin4998 said:

Well I was expecting this and hoping it would never come.  I was just called and notified that they want me to come in and do a mental compensation re-evaluation.  Its been about 5 years and since I just turned 54 this past month in February I was sorta expecting this.

My Mental, as you will see is my higher of my compensations... rated at 70% giving me a total of at least 90%.   This rating allowed me to follow up with a TDIU request which was approved. 

I am almost positive they will attempt to lower my 70% down to 50% (hopefully no lower), but, doing the math still puts me at 90% overall.    

So I have a few questions.

1) Would it be possible they may lower my mental below 50%, that seems a bit to much for a normal drop?

I personally do not think I am below 50%... I fully believe I am at 70% dgaf if I die mentality really.

2) If by chance they lower my percentage by any percent would they re-eval me for my TDIU, or could they automatically just drop TDIU with out an evaluation based on my percentage if my percentages no longer meets the criteria?

3) On the very remote chance of them keeping my percentage or even more remotely raising it... would that be an automatic possibility of Permanent  and Total based on my following numbers?

I ask this because the next higher is 100% but I do not believe they will do that.  And, I also ask if at 70% because of just turning 54.  From my research at age 55 most of the time doctors dont expect improvements on medical conditions.   So IF this is true, maybe this is the reason of the the re-evaluation.

• somatic symptom disorder with persistent depressive disorder 70%
• Gastroesophageal Reflux Disease (GERD)                               30%
• Barrett's esophagus                                                                    30%
• spinal stenosis                                                                            20%
• Radiculopathy, right lower extremity                                           20%
• Pain disorder                                                                              30%
• Radiculopathy, left lower extremity                                            20%
• 94.73152% with pain disorder 90% with pain disorder
• 92.4736%   with out pain disorder
•  
• somatic symptom disorder with persistent depressive disorder  50%
• Gastroesophageal Reflux Disease (GERD)                                30%
• Barrett's esophagus                                                                     30%
• spinal stenosis                                                                             20%
• Radiculopathy, right lower extremity                                            20%
• Pain disorder                                                                                30%
• Radiculopathy, left lower extremity                                              20%
• 91.2192% The rounded number would be 90% with pain disorder
• 87.456%   The rounded number would be 90% without pain disorder

I included and discluded pain disorder because in a way(and from what I have read years ago) pain disorder is a mental disorder... I could be wrong and probably am.  

But i am always worried they will remove it from my disabilities.

If you have any input please respond so I can digest this well in advance of March 23.  Talk about my anxiety going through the roof today.. ugh.

Thank you

Kevin!

 

From reading thousands of Veteran's claims, remarks, etc. I see a lot of concern about ratings being taken away, when this is just not the case...The VA has to provide PROOF that you conditions have remarkably improved based on medical information. If you do not warrant the higher of the two ratings, then you don't receive the higher of two ratings, all based upon medical fact and VA law.

(1)I have seen Veterans go from 70% down to 0% - albeit mainly because they failed to show for exams when requested. I don't believe the VA often reduces quite so drastically, as they have to consider the kind of impact that has on your QOL, unless again, medical evidence points that things "have become significantly better".

Research the Psychological rating system, refer to your treatment (if any) for the criteria you fit in, and match them up. Ultimately, psychological rating are among some of the most difficult because a lot is left to be interpreted by the exams/raters.

Note - I am not familiar with "pain disorder" - could this be something like fibromyalgia? I'll check out more on this...

(2)As for re-evals - I just had a series of them done too (been 5 years for me as well), and I refuse to stress any more because of them (this doesn't mean that I'm accepting of just ANY results, however). If they find you are working while under TDIU it will most definitely cause a trigger for re-exam. Again, you have a chance to submit info regarding any proposal to reduce. All in all, if your contention no longer meets the level required for a TDIU consideration, then I would assume that yes, they would review your TDIU as well.

Recite the 5 P's (proper prevention...etc.) Prepare your evidence. Gain peace of mind (to some extent at least). The more you understand, the (potentially) less stress you face from it all.

Take this time not to stress, but to make record of your symptoms to the best of your honest ability, and if they (are required to propose before any reductions) are trying to reduce, you can in-turn counter it with new evidence by simply going to your (psych in this case) doctor - and get their honest to goodness opinion that accurately reflects your symptoms. Then the VA's claim to reduce is no longer grounded.

(3) - The VA appears to avoid issuing P&T if the "tip of the iceberg" major factor in your claim is MH, as they often do not deem MH ratings to be permanent aside from a "Total" rating.

Finally, they're always hopeful for recovery, it is medical "treatment" after all. (this is sarcasm, btw)

[vetquest]

I would go to my exam and tell the examiner what treatment you are receiving and how you are faring.  If they propose to reduce appeal.  You have the supplemental lane and the higher level lane.  If you fail there then you go to the BVA.  Some people that are reduced just roll over and let it happen.  Don't do this and fight it if there is a reduction.  But do not stress too much in the mean time.  Let the exam play out and try to get a copy of it and then see.