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100% p&t exam

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SPO

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Starting a new thread to avoid confusion.  I was awarded 100% p&t on 12/1/2020, effective 7/7/2020 (date of last c&p).  However, in the decision letter it says they are scheduling exams to evaluate my current severity.   What is the point if I’m already 100% p&t. Are they just looking to take away what they just gave me?

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  • HadIt.com Elder
On 12/7/2021 at 10:24 AM, SPO said:

Starting a new thread to avoid confusion.  I was awarded 100% p&t on 12/1/2020, effective 7/7/2020 (date of last c&p).  However, in the decision letter it says they are scheduling exams to evaluate my current severity.   What is the point if I’m already 100% p&t. Are they just looking to take away what they just gave me?

SPO its normal if they rescheduled you an exam after about a year or so from your intial S.C. Rating with P&T,  especially if your  s.c. disability is mental health  like PTSD or  TBI from combat duty. 

you can write them a nice letter and let them know an exam is a waist of time that your 100% with P&T disablity has not improved and it most likly will not improve in your life time so please cancel this exam and let some other veteran that needs to be see for his/her diabilitys Exam hjave this time slot.

but if you do not hear from them you trully need to go to this exam do not miss it, it could help you get SMC if you have another s,c. disability that is rated 60% or higher.  but even if that don't happen I doubt very seriously they will reduce your 100% P&T you was awarded on 12 /01/2020  with an effective date going back to 07/07/2020

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  • HadIt.com Elder

Just to let you know  this is every Veterans worry and we have to worry about it for 20 years after were granted an award especially a 100% P&T Award 

However  we do have guidlines that they can't reduce our compenation we have a 5 year and a 10 year requirment  with our sc disabiltys that do not improve and if your sc after 20 years  if disability has not improved  you should not worry about them reduseing your 100% P&T hopefully you did get a award letter staing that your sc disability is not expected to improve within your life time and is concider to be static or chronic  meaning it will not improve within your life time..    but a Veteran can be P&T and still get a C&P EXAM.  Thats just the way the VA is they want to worry us for 20 years after were sc and rated.

1.

What is the VA 5 year rule?

The VA disability 5-year rule says that a Veteran cannot have their rating reduced if their condition has not improved in the first 5 years after they received their initial rating for the condition.

2.

What is the VA 10 year rule?

VA Disability 10 Year Rule: A service-connected disability rating cannot be terminated if it has been in effect for 10 years. Compensation can be reduced if evidence exists that the condition has improved. The sole exception is if the VA can prove fraud, in which case it can terminate the benefits.Nov 22, 2021

 3.

What is the VA disability 20 year rule?

Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.

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I’m gonna try to just see what happens.  DAV Says it looks like records review exams and is labeled as possible increase.  So hoping for the best.

I’m thoroughly confused on SMC s. I was just talking to a friend who has smc s-1 and doesn’t have a single 100% rating, but his total adds up to around 160%.

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  • HadIt.com Elder

Wlell SMC can be hard to figure out but if your eligable for SMC S 1 let them (VA) FIGURE all that out

example 

I was rated 90% and was given the TDIU WIwith P&T i had that rating for about 15 years and  I filed for another seperate condition and was awarded a 70% rating.  being TDIU AT 90% BEING PAID AT THE 100% RATE Makes the Veteran  a total 100% rating, ok when I got the 70% rating  for the seperate condition it was service connected and that rating made me eligable for the SMC S 1  lucky for me the rater that worked my claim seen this and awarded the SMC S 1.  2  IN 2022  I Will have my 20 years protection.

and what a releif that will be.  just ask any Veteran that has went 20 years and got the 20 year protection.

Now Some Veterans are lucky enough to get a EARLIER EFFECTIVE DATE  THAT MAY GO BACK 20 YEARS   WHICH THIS GIVES THE VETERAN HIS 20 YEAR PROTECTION WHEN HE GETS HIS RATING.  YOUR 20 YEARS PROTECTION WILL START FROM YOUT EED (Ealier Effective Date)

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29 minutes ago, Buck52 said:

Wlell SMC can be hard to figure out but if your eligable for SMC S 1 let them (VA) FIGURE all that out

example 

I was rated 90% and was given the TDIU WIwith P&T i had that rating for about 15 years and  I filed for another seperate condition and was awarded a 70% rating.  being TDIU AT 90% BEING PAID AT THE 100% RATE Makes the Veteran  a total 100% rating, ok when I got the 70% rating  for the seperate condition it was service connected and that rating made me eligable for the SMC S 1  lucky for me the rater that worked my claim seen this and awarded the SMC S 1.  2  IN 2022  I Will have my 20 years protection.

and what a releif that will be.  just ask any Veteran that has went 20 years and got the 20 year protection.

Now Some Veterans are lucky enough to get a EARLIER EFFECTIVE DATE  THAT MAY GO BACK 20 YEARS   WHICH THIS GIVES THE VETERAN HIS 20 YEAR PROTECTION WHEN HE GETS HIS RATING.  YOUR 20 YEARS PROTECTION WILL START FROM YOUT EED (Ealier Effective Date)

What about those that are over 55?  Unless I am mistaken an exam will not be scheduled for any disability if the veteran is over the age of 55.

Found this from this website (https://www.woodslawyers.com/va-periodic-future-examination-affect-disability-rating/)  after I googled it.

"If you are 55 years old, then federal guidelines provide the 55-year-old rule that you should be exempt from reexamination, except in rare circumstances or by regulation. For example, a VA regulation requires that they schedule re-examination for veterans who have completed treatment for certain cancers six months after they complete treatment."

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10 hours ago, SPO said:

 DAV Says it looks like records review exams

This would be called acceptable clinical evidence (ACE). Based on M21-1, a C&P can be done without the vet if ACE is already located in the vet's C-File/medical records. 

If a Vet has 70% disability granted as (100% P&T TDIU) "or" (a total 100% rating (the hard way)), (plus an additional 60%)beyond the basis for the TDIU, then the Vet is awarded SMC. A vet w/spouse is $3,915.42.

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