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100% P&T at 63 Years - Can I submit to have more disabilities service connected?


DDS77

Question

I am rated at 70/50/40/40/10 (100%) scheduler AND 100% IU.  My letter says P&T.

My concern is that I have some issues that were dropped by the VA (specifically glaucoma) when they approved my 100%.  As a note, I was 50/50/10/10/10 prior to C&P's that qualified me for the current ratings.  I had submitted glaucoma with the UI and increase claim, and the glaucoma shows up as claimed but not service connected.  

I am trying to understand if I should push this to be SC?  I am getting great care from the VA for my eyes, and I have to say, everything else.  My concern is that I will eventually go blind and there may need to be modifications done to my home for mobility reasons.  I would think the Glaucoma would need to be SC for those grants to have any chance for approval?  My service health records has a lot about my eyes (I was ATC), and specifically says asymptomatic for glaucoma.  I would have a good shot.

My other concerns is that if I don't make it to the 10 years P&T, my wife won't rate DIC. (No jokes!! 🙂  ).  I have a couple other potential SC's that would meet the requirements, but I haven't submitted them yet since I am 100%

Can I submit additional disabilities to be SC'd and not shake loose the hounds of H@%#ll?  

 

Thanks in advance!!   

My journey took a short (by comparison) 4 years from first submission to 100% P&T...  It was in my HR, just needed to be brought out, highlighted and presented...  It took a good lawyer, a few dark alleys with counterfeit scammers just trying to make a buck off us and not doing anything in return...  and realizing that for the VBA it's not personal...  they are just pushing paper...  

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If you have been 100% P&T for more than 5 years then your rating is considered static and VA would have to prove one or more of your medical conditions showed material improvement over a period of time before a reduction or termination.  This usually requires at least two separate C&P exams spaced apart about one year from first to second (as was my case many years ago (1985 to 90 or 91).  Being rated as P&T is very unlikely VARO would go for revaluation unless filing for increase of one of the conditions.  Any rating held for more than 20 years cannot by law be reduced or terminated and any rating for more than 10 years can be reduced but not terminated.

By filing for additional important disabilities, you can as happened to me recently receive the additional added SMC-S rating that means an additional $380.00 or more dollars ??? per month as this is considered automatic housebound rating but you are not limited to staying in your home with this S1 rating.  

You should get and keep copies of all your eye treatment notes, prescriptions from VA and private if any for future claim filing for eye disease as it may or may not be secondary to another of your present or future VA disabilities.

Others will chime in to offer you more advice.

My comment is not legal advice as I am not a lawyer, paralegal or VSO.

 

Edited by Dustoff 11
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Most veterans don’t understand that when their claim is adjudicated to be 100% scheduler P & T it is not likely that the VA will/would try to reduce their rating. Depending on the ratings themselves the veteran would most likely still be ratable as P & T even if the VA did try to reduce them.

I have been rated 100% scheduler P & T for well over a decade and a half and the BVA/VA just awarded me a separate TDIU rating, and this appeal has been pending for well over the entire time of my 100% P & T rating. The VA did not try or even hint at considering lowering/reducing my P & T status.

As to continue filing for additional claims, a veteran can always file for additional benefits. As to increasing your current benefits, with your rating you would need to be eligible for a SMC benefit. As to your eyesight going bad that is something you should consider filing. Even though you are rated 100% scheduler P & T and 63 years old, if you file new claims, expect the VA to request new medical C & P exams for these/those claims.

VA Special Monthly Compensation Factsheet

 

 

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Given the details you have provided I highly recommended putting the pressure on the VA by applying for whatever benefits you are legitimately entitled, let them tell you no. Personally, the only people I know who have ever had a rating reduced are those who didn't have a significant documented history of illness and who refused to do any follow up treatment. 

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The "hounds" you spoke of "are on  AT LEAST TWO very short leashes" and probably cant bite you.  Here are the  leashes, which prevents these hounds from hounding you: (Because VA has to comply with these "leashes")

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.

AND:

Quote
§ 3.951 Preservation of disability ratings.

(a) A readjustment to the Schedule for Rating Disabilities shall not be grounds for reduction of a disability rating in effect on the date of the readjustment unless medical evidence establishes that the disability to be evaluated has actually improved.

(Authority: 38 U.S.C. 1155)

(b) A disability which has been continuously rated at or above any evaluation of disability for 20 or more years for compensation purposes under laws administered by the Department of Veterans Affairs will not be reduced to less than such evaluation except upon a showing that such rating was based on fraud. Likewise, a rating of permanent total disability for pension purposes which has been in force for 20 or more years will not be reduced except upon a showing that the rating was based on fraud. The 20-year period will be computed from the effective date of the evaluation to the effective date of reduction of evaluation.

Another leash binding up those hound dogs:

https://www.law.cornell.edu/cfr/text/38/3.105

I think there is still another, "those dogs know better" most of the time.  If the VA sic's those hounds on you, well, stay calm..the VA has to give you notice, and an opportuntity for a hearing before turning the dogs loose.  

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I have DMII and if my eyes started to go bad I would file ASAP.  I am P&T for 21 years but I still file claims.

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No reply.  I think the dude lost interest.

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I don't know. Hadit has been a little slow lately. 

I know one time tried to log on and it asked for a membership fee. 

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5 minutes ago, Dustoff 11 said:

No reply.  I think the dude lost interest.

I haven't lost interest!!  Just absorbing the info...  I actually submitted the Glaucoma claim this week...  we will see how it goes... Thanks to all!!  I am new to posting here so if I broke some etiquette, apologies!!

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No you broke no rules. Thanks for your update and good luck with your claim.

Edited by Dustoff 11
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