harry59 Posted November 23, 2020 Share Posted November 23, 2020 I've seen on a couple of websites where it stated that your VA rating percentage is protected and they cannot reduce your rating once you reach 55 years old. Is this true? If so, where can I find this in the VA regulations for verification? Thank you to all who reply. Link to comment Share on other sites More sharing options...
0 HadIt.com Elder GBArmy Posted November 23, 2020 HadIt.com Elder Share Posted November 23, 2020 Hi Harry59 You can find that in the VA m21-1 manual here https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000015810/M21-1,-Part-III,-Subpart-iv,-Chapter-3,-Section-B---Scheduling-Examinations#2d. It is also based on 38cfr if you want the legal basis. If you are scheduled for a follow up exam, it should be noted as a comment on your decision letter as well as your Rating Code Sheet if it says you are "static." Static means no expectation of improvement, so a re-exam is not necessary. If you reach 55, then you also shouldn't be called either. HOWEVER, if you submit a NEW disability claim, then all bets are off and they can re-look at anything whey want in evaluating your new claim, so keep that in mind also. Link to comment Share on other sites More sharing options...
0 harry59 Posted November 23, 2020 Author Share Posted November 23, 2020 Thank you for the reply, and the reference. I have been at 70% for 18 years and I'm currently 61 years old. If I understand it correctly, the VA 20-year rule states that they cannot downgrade your percentage. I want to be evaluated for an increase and some secondary issues as well, and possibly a new claim, but I'm afraid I will be downgraded. You never know with the VA. I am currently receiving concurrent receipt so if I get decreased below 50% I will lose it. That financial blow would be devastating. Any advice? Link to comment Share on other sites More sharing options...
0 HadIt.com Elder Buck52 Posted November 23, 2020 HadIt.com Elder Share Posted November 23, 2020 The VA don't play this game by their rules they can make any Veterans life miserable if they want to/or choose to., All it takes is a VA Dr writing something like this '' This veterans disability has shown improvement and he is doing a lot better, ,,and this goes into his medical records, R.O. Checks these medical records like hungry vouchers and Walla sends out the propose reduction letter because they were informed from a VA Physician that your S.C. disability has shown Improvement... Link to comment Share on other sites More sharing options...
0 texasvet Posted November 23, 2020 Share Posted November 23, 2020 Hello Buck, Does the VA RO only check a veteran’s records if a new claim is opened? Somewhere along the way, on my almost 20 years of dealing with the VA, I picked that belief up. I can’t remember if it was from my DAV VSO or from a retired VA rater that I know. texasvet Link to comment Share on other sites More sharing options...
0 HadIt.com Elder Buck52 Posted November 23, 2020 HadIt.com Elder Share Posted November 23, 2020 (edited) Well its hard to tell what they heck they do up at the R.O. USUALLY when a veteran files for another claim they only check the records for that particular claim, but it depends on the Veterans rating at the time they adjuicate a New Claim example IN 2002 I was 90% TDIU P&T FOR MY PROFOUND HEARING LOSS THAT WAS CAUSED BY LOUD SUDDEN NOISE WHILE IN THE MILITARY OK IT TOOK YEARS FOR MY HEARING TO GET SO BAD I COULD NOT HEAR WELL ENOUGH TO DO MY JOB EVEN WITH USE OF HEARING AIDS..SO I FILED FOR HEARING LOSS AND WAS GIVEN A 50% RATING OK MY HEARING LOSS CONTINIUE TO GET WORSE I WENT TO VA REHAB AND THEY COULD NOT FIND ME ANYTHING I COULD DO MAKING ME NOT FEAISABLE TO RETRAIN AT THIS TIME, I SUBMMITED THAT LETTER WHEN I FILED FOR THE INCREASE THEY RATED ME 90% FOR MY HEARING LOSS AND INCLUDED TINNITUS FOR 10% SO I WAS ON TDIU P&T FOR ABOUT 14YEARS ,LATER ON I FILED FOR ANOTHER CLAIM IN 2015 AND WAS SERVICE CONNECTED FOR 70% THIS IS WHEN THEY MAY LOOK INTO YOUR RECORD FILES THEY DO THIS TO SEE IF YOU MEET THE CRITERIA FOR THE SMC S. AND IF A VETERAN HAS A 100% RATING OR TDIU AND FILES ABOTHER CLAIM AND IS RATED 60% OR HIGHER FOR THIS NEW CONDITION(DISABILITY)THIS MEETS THE CRITERIA FOR THE SMC-S AND ITS A STATUTORY RATING BUT SOMETIMES THEY DON'T ALWAYS CHECK THIS..I HAD NO IDEAL I GET HE SMC S..I WAS SUPRISED I GOT THAT WHEN I GOT MY PACKET IN THE MAIL.>>> BUT HEY I;LL TAKE IT . ABOUT 347.00 MONTH ADDED IN TO THE 100% RATE THIS WAS NOT EASY WHEN I FIRST FILLED FOR HEARING LOSS I WAS DENIED THEN I APPEAL AND THEY GAVE ME service connection at 0% I APPEAL THAT AND THEN I GOT THE 50% IF THEY HAD DID THEIR JOB RIGHT IN THE FIRST PLACE AND GAVE ME TO DAMN 50% IWOULD NOT HAVE HAD TO APPEAL IT TOOK FROM 1998 TO 2002 TO GET MY 90% TDIU P&T IF A VETERAN HAS ANYTHING THAT ARISES LATER ON AFTER HE IS SERVICE CONNECTED FOR A CONDITION AND THIS NEW CONDITION ARISES LATER ON SAY 1 YEAR OR 10 YEARS LATER, IT IS CONSIDER ANOTHER SEPERATE CONDITION MAKING IT A SEPERATE CONDITION CLAIM NOT A REOPEN CLAIM ON YOUR OLD CONDITION BUT ON A NEW CONDITION AND IF YOU WERE RATED 100% OR TDIU ON YOUR OLD CONDTION AND 60% OR HIGHER FOR ANOTHER SEPERATE CONDITION THEN THEY ARE SUPPOSE TO CHECK YOUR RECORDS TO SEE IF YOU QUAILFY FOR THE SMC S. ITS A STAUTORY RATING. BUT LIKE I MENTION THAY DON'T ALWWAYS DO THIS SO THE VETERAN CAN BRING IT TO THIR ATTENTION AND ASK WHY THE SMC S WAS NOT APPLIED AT THIS TIME.? YOU CAN CALL THE 1-800 # AND ASK WHY OR HAVE THEM TO APPLY THE SMC S.BUT YOU MAY HAVE TO APPLY FOR IT DEPENDS IF THEY SCREWED UP AT THE R.O. OR NOT.? Edited November 23, 2020 by Buck52 Link to comment Share on other sites More sharing options...
0 HadIt.com Elder Buck52 Posted November 23, 2020 HadIt.com Elder Share Posted November 23, 2020 i ALWAYS TELL A VETERAN IF HE IS SERVICE CONNECTED FOR SOMETHING AND HAD IT FOR A FEW YEARS AND HE COMES DOWN WITH ANOTHER CONDITION THAT IS SEPERATE FROM THE ONE HE HAS SERVICE CONNECTED THEN FILE THAT CLAIM ,WE NEED TO GET EVERY BENEFIT WERE ENTITLED TO LIFES TO SHORT NOT TO. Link to comment Share on other sites More sharing options...
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harry59
I've seen on a couple of websites where it stated that your VA rating percentage is protected and they cannot reduce your rating once you reach 55 years old. Is this true? If so, where can I find this in the VA regulations for verification?
Thank you to all who reply.
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broncovet
If you carefully read the regulations, cited below, you will see that the myth of "dont apply for an increase you will be decreased instead" is just that..a myth. Generally, its a "fear tactic"
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