New Claim Appeared Automatically

[MarineLCpl]

I logged into my VA.gov account today and noticed it said there was a claim for compensation started. I never filed a claim on my end. I’m not sure if it’s just coincidence, but there’s a few things that strike me. 
 

The claim is dated for today(June 30th, 2020). My last claim was July 1st, 2015 which was a re-evaluation. I was called for a C&P exam back then, can’t remember if it was before or after this date. 
 

So it’s been almost 5 years exactly, do you think this was automatically triggered by the VA to do a re-evaluation of my current status? I honestly can’t think of anything else it could be. 
 

One last thing, I submitted my taxes this morning also. I’m currently rated at 80%, but getting paid for TDIU. On my taxes, the only income there was to report was around 2k in hobby income, in which my expenses almost matched(few hundred dollars shy, I believe). 
 

I know I shouldn’t be as worried as I am, but the paranoia in me says that they saw this tiny bit of earned income and requested a re-eval. I can’t say for sure, the status of my generated claim says they’re still adding details and to check back. 
 

Any ideas or info on the matter is appreciated  

[Tbird]

See if this post helps you https://hadit.com/things-to-do-at-your-va-compensation-and-pension-exam/

[MarineLCpl]

17 hours ago, brokensoldier244th said:

You don’t have to be suicidal or a basket case to be at 100%, or have to have all the symptoms on the list. 

I suppose you’re right, I just don’t think I deserve that based on looking at the criteria...I’m an easy 70 though, at the mercy of the rater, I guess. Since my rating has been in effect for 5+ years, they can’t even reduce based on one C&p, right? Don’t they have to look at your entire history and prove sustained improvement? 

[brokensoldier244th]

Pretty much, yes. It requires more justification and evidence to the contrary.

 

“the VA should not schedule a reexams if any of the following situations exist:
The disability is static;
Symptoms have persisted w/o material improvement for 5 years or more;
A disability from disease is permanent and not likely to improve;
The veteran is 55 y.o. or more; or
The rating assigned is the minimum rating or a reduction in a disability rating would not affect total combined rating.  See 38 CFR § 3.327(b)(2) (2007).

e. Any rating evaluation that has “stabilized”, i.e., that it has “continued for a long period of time (5 yrs or more) at the same level” may not be reduced unless all evidence of record shows SUSTAINED IMPROVEMENT in the disability.  See 38 CFR 3.344(a),(c) (2007).

Note:  “Sustained improvement” must be based on all evidence of     record; i.e., a change in rating cannot be based on single examination     “in isolation of rest of the record”.”

[MarineLCpl]

39 minutes ago, brokensoldier244th said:

Pretty much, yes. It requires more justification and evidence to the contrary.

 

“the VA should not schedule a reexams if any of the following situations exist:
The disability is static;
Symptoms have persisted w/o material improvement for 5 years or more;
A disability from disease is permanent and not likely to improve;
The veteran is 55 y.o. or more; or
The rating assigned is the minimum rating or a reduction in a disability rating would not affect total combined rating.  See 38 CFR § 3.327(b)(2) (2007).

e. Any rating evaluation that has “stabilized”, i.e., that it has “continued for a long period of time (5 yrs or more) at the same level” may not be reduced unless all evidence of record shows SUSTAINED IMPROVEMENT in the disability.  See 38 CFR 3.344(a),(c) (2007).

Note:  “Sustained improvement” must be based on all evidence of     record; i.e., a change in rating cannot be based on single examination     “in isolation of rest of the record”.”

I thought so...best I can hope for is no more reevaluations after this...but I doubt they’ll do that since I’m younger, it’s mental health and I’m attending therapy...will probably be dealing with these every 2-5 years for the rest of my life:(

 

Edit: I appreciate all the help you’ve given me, you always come through with some of the best answers I’ve seen offered on this site. Thank you. 

Edited July 14, 2020 by MarineLCpl

[brokensoldier244th]

Well, I haven’t had any mh exams since 2015 when I was rated P and T. Self schedule appts, yes, but not anything VBA required.

[MarineLCpl]

1 hour ago, brokensoldier244th said:

Well, I haven’t had any mh exams since 2015 when I was rated P and T. Self schedule appts, yes, but not anything VBA required.

They haven’t rated me P&T yet, wish they would already. Part of the problem I think is how my social worker words his notes...he(usually) only writes down the positive aspects of things. If I say something like I’m better than I was last session, he’ll write “Veteran reports his anxiety is better.” Every time I take a glance at my treatment notes, I see this pattern. 90% of the session could be me complaining about what I’m struggling with. But the moment I mention I was able to get through nine holes of golf the other day without freaking out, he labels it as me showing “improvement.” sigh 

Edit: I just checked va.gov and it looks like my C&P report was submitted today. New estimated completion time moved from mid-September to early August. I’ll probably call the contractor tomorrow and request a copy of the report. 

Edited July 15, 2020 by MarineLCpl