100% RATED IE

[radiovet68]

I am rated 100 IE for ischemic heart disease and chronic bronchitis, i have been chosen to do a study for bronchitis, spraying liquid nitrogen in each lung while asleep, this is supposed to kill all bad cells in lungs so new cells can grow, my question is if these techniqueswork and then are approved by the FDA and my breathing improves considerably can VA decrease my disability rating? 

[brokensoldier244th]

If your condition overall improves, and you go in for an exam or something, yes, just like any other improvement that might be documented. It depends on a lot of things like- when were you rated, etc. that determine how much medical evidence that the VA requires before they can propose to reduce. 

 

That said, if your condition improves  thats a good thing. You can make a money decision and opt to not do the medication/procedure study, but potentially at the expense of your health and well being. 

[broncovet]

The answer depends.  The VA can reduce your rating "if you have 'actual improvement' UNDER ORDINARY CONDITIONS OF LIFE", and the VA can meet all the other conditions found in 38 CFR 3.344, below.  

You did not mention "how long" you have been rated, nor did you mention if you are P and T, these are 2 factors which can mean the difference between a reduction or not.  You can review your file to find out if you meet the criteria for reductions:  

Quote

38 CFR § 3.344 - Stabilization of disability evaluations.

• CFR

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§ 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.

Its a relatively common practice for VA to "try" to reduce you "even when" you dont meet the above criteria.  So, sometimes you have to fight to keep your ratings.  

 

 

"Ordinary conditions of life" means "while working".  

Edited May 23, 2022 by broncovet

[GBArmy]

Good responses from both, but Brokensoldiers' significant point is "your health is a lot more important than $." Of course it would be nice if the new technical treatments improved your health and the vA didn't re-evaluate you. Seems like the criteria for reduction should make it very unlikely that would give you another C&P exam since you're at 100%. If you're not P&T, and your treatment works/improves your condition, I wouldn't be requesting the VA to make it P&T.