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Rick33

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I was curious if a remand from an existing claim at BVA would be considered a new claim by VA for a person deemed P&T for a separate claim filed before BVA docket was seen? Would a person who has no future exams then be subjected to possible exams for the PT condition? 

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It would be the same claim you appealed, just remanded back to the RO. Might there be an exam? Sure. P&T is not a guarantee against exams, usually just recurring exams for P&t conditions. 

Edited by brokensoldier244th
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17 minutes ago, Rick33 said:

I was curious if a remand from an existing claim at BVA would be considered a new claim by VA for a person deemed P&T for a separate claim filed before BVA docket was seen? No, it would still be an open and pending claim.

Would a person who has no future exams then be subjected to possible exams for the PT condition? It's possible and most likely.

The reason why it would be most likely due to the fact that this new rating percentage could award the veteran additional benefits like an earlier effective date and or a SMC rating. Keep in mind to award a veteran additional benefits, the VA would want a new medical opinion or at least an updated medical opinion.

 

Edited by pacmanx1
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I would not worry too much about future exams if you are  p&t.  I have been p&t for 20 years and have filed many claims since then.  The VA seems to just deal with your current claims for increase or new claims as they come along.  They have so many claims they are probably not going back in history to take away your P&T status. 

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We’re not- we had a directive a year out two ago that told us to reduce the number of RFE (request for exams) because they were being set up and then cancelled too often on rvsr review, so they have vsrs look over for current medical first and P&t status is one of the things we specifically look for. Usually it’s on all contentions, or they are static, so it gets left alone. 

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Relax.  Worry about something much more likely to happen, such as a hurricane,  especially if you live in Florida!!!!

Its well known that it is difficult for VA to reduce P and T Vets.  Re read the regulations, posted below.  

For VA to reduce you, they have to demonstrate you have "actually improved under ordinary conditions of life".  

"Ordinary conditions of life" means while working.   Because you are P and T, parts a and b, below, apply:  (I have put in BOLD and underlined) why its so hard for VA to reduce you.  

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.

 

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