Change in static disability

[GBArmy]

I'd appreciate opinions on a veteran awarded a disability classified as "static." Prior to 5 years passing, he requests an increase which results in the a new C&P. If no improvement in disabilities (or if they got worse and the VA awarded a higher rating), can the VA drop the "static" classification and advise a future exam will be required? Or, does it have to be classified as static because that is what it was before? Anyone have any experience on this situation?

 

[brokensoldier244th]

My conditions were static and went up. Still static. 

[GBArmy]

Thanks, Brokensoldier. That is what I was thinking but sometimes VA and logic doesn't always work. It would be interesting to see if others have the same situation. I didn't see it covered in M21.

[pacmanx1]

GB, the VA cannot reduce a veteran’s rating based on one C & P exam. The VA would have to send the veteran a letter of proposal to reduce and then go through the process. Even if the VA tries to reduce the veteran’s rating, they must prove that the veteran’s symptoms has improved. Once the VA makes a rating decision that rating stays in place and not likely to be reduced. Yes, the VA does re-examine veteran’s ratings but most of the time this is when a veteran file for an increase or the veteran was awarded TDIU but by the time the VA gets around to re-examining a veteran’s rating the veteran’s rating has already become static.

[GBArmy]

Pacmanx1 Appreciate your response. I understand the proposal to reduce by the VA. What I was specifically looking for was a veteran rated disability is rated "static." Before 5 years are up, he has tor go for a C&P exam. Can the VA drop the "static" designation, which I would assume  would then open him up for future re-exams.  Just curious if anyone has seen that happen.

[pacmanx1]

10 minutes ago, GBArmy said:

Pacmanx1 Appreciate your response. I understand the proposal to reduce by the VA. What I was specifically looking for was a veteran rated disability is rated "static." Before 5 years are up, he has tor go for a C&P exam. Can the VA drop the "static" designation, which I would assume  would then open him up for future re-exams.  Just curious if anyone has seen that happen.

I know that some may disagree but that "STATIC" term is more of an assignment of a medical determination like the VAMC would do instead of the VARO assigning or not assigning. 

[Vync]

 

Per M21-1, "static" is mentioned about 10 times during this article. It describes to handle various scenarios from P&T/TDIU vets, failure to report for exams, etc... so it's worth exploring further

M21-1, Part III, Subpart iv, Chapter 8, Section E - Other Due Process Concerns

Article ID: 554400000014215

https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000014215/M21-1,-Part-III,-Subpart-iv,-Chapter-8,-Section-E---Other-Due-Process-Concerns#:~:text=Definition%3A Static Disability,or not it has improved.

Quote

III.iv.8.E.1.b.  Definition:  Static Disability

A static disability is a disability that is considered permanent by its nature, history, and severity.  It is assigned a permanent evaluation without the need for future examinations to determine whether or not it has improved.

Based on that and some mild skimming of the article, it appears that if they are P&T/TDIU or had certain other rating protections, then they would not re-eval.

Additionally, be sure to let them know they should review medical evidence from 12 months -prior- to requesting increase. If they meet the criteria of an increased percentage during that time, the VA -should- use that as the effective date of the increase. I filed for an increase and the effective date awarded was the C&P date. The VA mishanded my evidence. I resent that and they corrected it. Of course, that was under the older system. Nowadays it would be handled via supplemental.