Should I Be Concerned After 20 Years?

[harry59]

Hello everyone,

I'm getting ready to file, after 20 years, for secondary claims. I have waited 20 years because I wanted my current service-connected rating to be protected. I have anxiety and trust Issues, amongst other things, and wanted to go through the process knowing that my current rating was protected. Now I do know that the VA can reduce a rating after twenty years if they can prove fraud. Which is definitely not the case here. Can they also possibly reduce your rating if they initially rated you under the wrong code?

Anyway, a friend of mine, that is also a service-connected veteran, told me that I'm crazy for wanting to file again and open up that "can of worms." He told me that he has heard of a good number of veterans, that were past the 20-year rule mark, getting reduced by the VA. Now I know that he had a very difficult time with the VA when he was going through the system back in the late 90's or early 2000's. He is also pretty paranoid. Especially when it comes to the VA. And admittedly, I have to say that I'm untrusting of the process as well. Which is why I've waited 20 years. My biggest fear by far is getting reduced below 50% (I'm at 70% now). If that happens I'll lose my concurrent receipt, which would be financially devastating for me. My heart is already pounding!

For my own peace of mind, has anyone ever heard of, or have first-hand knowledge of, the VA not adhering to the 20-year rule and reducing a rating?

Thanks to all that respond. Much appreciated!

[harry59]

I feel for that veteran. That's exactly why I want to wait until my 20 year award anniversary.  I don't want to take any chances. 

Thank you for your reply.

[Mr cue]

I wait until 20  years protected before  going for the smc benfits

 I got a copy of my record after and there were 3 different proposal to reduce my rating. They never were act on because I was protected but I seen the inquiries and statement reject it

I now have a bva remand for loss of use of arm were the bva judge stated he thinks it better. His words because a va regular exam I stated to my doctor of 10 year I feel good today. Smh

and remand it an basically told the the examiner to state as much.

and stated on the remand I can refuse the a va exam. I wasn't going anyway.

and to make a decision based on my record.

there is a lot of funny stuff going on never seen this many reductions after exams before.

YOu are protected they can reduce anything. If they try it will be rejected. Before it take place.

that was in my case.

 

 

[broncovet]

In 1929-1932 America was paralyzed by fear.  A great leader stepped up and said:

Quote

So, first of all, let me assert my firm belief that the only thing we have to fear is...fear itself — nameless, unreasoning, unjustified terror which paralyzes needed efforts to convert retreat into advance. In every dark hour of our national life, a leadership of frankness and of vigor has met with that understanding and support of the people themselves which is essential to victory. And I am convinced that you will again give that support to leadership in these critical days.

I never waited 20 years, I also did not wait 10 years.  I kept applying/appealing until I won.  The VA saves a lot of money in benefits based on this "Fear of reduction".  Instead of fear, read the CFR's, especially:

Quote

§ 3.344 Stabilization of disability evaluations.

(a) Examination reports indicating improvement. Rating agencies will handle cases affected by change of medical findings or diagnosis, so as to produce the greatest degree of stability of disability evaluations consistent with the laws and Department of Veterans Affairs regulations governing disability compensation and pension. It is essential that the entire record of examinations and the medical-industrial history be reviewed to ascertain whether the recent examination is full and complete, including all special examinations indicated as a result of general examination and the entire case history. This applies to treatment of intercurrent diseases and exacerbations, including hospital reports, bedside examinations, examinations by designated physicians, and examinations in the absence of, or without taking full advantage of, laboratory facilities and the cooperation of specialists in related lines. Examinations less full and complete than those on which payments were authorized or continued will not be used as a basis of reduction. Ratings on account of diseases subject to temporary or episodic improvement, e.g., manic depressive or other psychotic reaction, epilepsy, psychoneurotic reaction, arteriosclerotic heart disease, bronchial asthma, gastric or duodenal ulcer, many skin diseases, etc., will not be reduced on any one examination, except in those instances where all the evidence of record clearly warrants the conclusion that sustained improvement has been demonstrated. Ratings on account of diseases which become comparatively symptom free (findings absent) after prolonged rest, e.g. residuals of phlebitis, arteriosclerotic heart disease, etc., will not be reduced on examinations reflecting the results of bed rest. Moreover, though material improvement in the physical or mental condition is clearly reflected the rating agency will consider whether the evidence makes it reasonably certain that the improvement will be maintained under the ordinary conditions of life. When syphilis of the central nervous system or alcoholic deterioration is diagnosed following a long prior history of psychosis, psychoneurosis, epilepsy, or the like, it is rarely possible to exclude persistence, in masked form, of the preceding innocently acquired manifestations. Rating boards encountering a change of diagnosis will exercise caution in the determination as to whether a change in diagnosis represents no more than a progression of an earlier diagnosis, an error in prior diagnosis or possibly a disease entity independent of the service-connected disability. When the new diagnosis reflects mental deficiency or personality disorder only, the possibility of only temporary remission of a super-imposed psychiatric disease will be borne in mind.

(b) Doubtful cases. If doubt remains, after according due consideration to all the evidence developed by the several items discussed in paragraph (a) of this section, the rating agency will continue the rating in effect, citing the former diagnosis with the new diagnosis in parentheses, and following the appropriate code there will be added the reference “Rating continued pending reexamination ___ months from this date, § 3.344.” The rating agency will determine on the basis of the facts in each individual case whether 18, 24 or 30 months will be allowed to elapse before the reexamination will be made.

(c) Disabilities which are likely to improve. The provisions of paragraphs (a) and (b) of this section apply to ratings which have continued for long periods at the same level (5 years or more). They do not apply to disabilities which have not become stabilized and are likely to improve. Reexaminations disclosing improvement, physical or mental, in these disabilities will warrant reduction in rating.

Somebody please point out where it says, above, "Dont poke the bear", "if you apply for an increase you will be reduced instead", or anything even close.  

[Mr.B]

 

[harry59]

Thank you for posting the video. Very informative, especially starting at 13:10.