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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Routine Future Examination, interplay with PEB, and stability


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I was rated 50% for mental health and placed on the TDRL in 2014. In 2016, I was placed on the PDRL. Fast forward to 2020, the VA is reevaluating me. I heard that the VA shouldn't be doing this because they usually take a PEB's opinion on stability into consideration. Is that true? Should I upload the 2016 PEB decision as evidence in my favor or bring it to my C&P exam? Please advise. Thanks.

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  • HadIt.com Elder

We have no requirement to take the PEB's original evaluation into consideration with regards to stability, though, that decision probably factored a lot into the original decision. More likely you just are up for a 310 Routine Future Examination (the status code for that that I see on the other end). If you haven't improved, don't worry about it- a reexamination at about 5 years is pretty normal especially for MH. Who knows? Maybe the person DID get better- which is a win, in my book- I know it would be for me, and im rated for MH among other things. You may not even have to go to an exam depending on COVID in your area, as in some cases they are doing even MH exams via either Telehealth or by Acceptable Clinical Evidence (meaning they look at the record for your MH as a whole, go out and download medical notes from VHA, etc) and make a determination based on that. Youve been at least checking in with MH every so often, right? 

Its not like they singled you out- a 5 yr exam is in the regs for most every condition. Afterwards you may even end up static for that condition, which is VA acknowledging that it probably won't change much, at least as far as getting better is concerned. If it gets worse, obviously, the rating will increase if necessary. 

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9 minutes ago, brokensoldier244th said:

We have no requirement to take the PEB's original evaluation into consideration with regards to stability, though, that decision probably factored a lot into the original decision. More likely you just are up for a 310 Routine Future Examination (the status code for that that I see on the other end). If you haven't improved, don't worry about it- a reexamination at about 5 years is pretty normal especially for MH.

Should I upload the 2016 PEB decision as evidence of stability or bring it to my C&P exam? I am a little worried because my record does show periods of improvement, including the past year or so. However, I've been unemployed for over one year due to my SC disabilities and mental health-wise I've taken a turn for the worse in the past few months because a job that I had accepted an offer for disqualified me on mental health grounds. 

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  • HadIt.com Elder

Did you include it the first time around? If so it’s already in there. In your disagreement call attention to it but you dont have to send it again if it was considered the first time. Can you/do you have an actual letter about the job or is that just your supposition? Cause that works be a huge piece of evidence. Improvement doesn’t mean some good appointments here and there it means sustained and continued improvement.

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5 hours ago, brokensoldier244th said:

Did you include it the first time around? If so it’s already in there. In your disagreement call attention to it but you dont have to send it again if it was considered the first time.

I don't think it was because VA gave me my rating two years before the PEB placed me on the PDRL. Btw, I just reviewed it and the PEB in 2016 put me on the PDRL because my MH condition was "unchanged" and had "not yet stabilized" since I was placed on the TDRL in 2014. I thought they had said the opposite...

 

5 hours ago, brokensoldier244th said:

Can you/do you have an actual letter about the job or is that just your supposition? Cause that works be a huge piece of evidence. Improvement doesn’t mean some good appointments here and there it means sustained and continued improvement.

The official letter from the agency I was going to work for is vague, stating the job title and that the offer is withdrawn due to my failure to meet medical standards. I have an email from the agency's local medical officer clarifying that it was due to MH reasons, that my condition wasn't stable enough, and that I probably would have passed had I a few more months of stability. I don't know if that follow-up email clarification should be submitted to the VA, what do you think? Should I pull the MH exam notes from the hiring agency to give to the VA? I also have medical evidence from my most recent former employer's doctor that I had to stop working due to MH reasons. I might be able to get statements from two previous supervisors that canned me while I was on probationary periods due to over-zealousness (which can be traced to my MH, I think). And possibly a letter from a third supervisor that I tendered my resignation to because I couldn't handle the stress. Yes, all of this has happened since 2016 (and I got my rating in 2014).

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  • HadIt.com Elder

Hello yeah I would. That’s more than most people submit. The two you have for sure at the outset, while you work on getting the others-but if you can’t get the other ones what you have is a lot more than I usually see. 
 



 

*i am not a rater*

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