Going for an increase for PTSD. Will VA look at my other disabilities?

[mcarter985]

Good morning!  I'm thinking about going after an increase for my PTSD rating (currently at 50%).  If I do this, will the VA look at my other ratings for possible decrease?  For background, I'm 73, I've had my ratings for about 9 years (Tennitis at 10%, Heart Disease at 60%, and PTSD at 50%.  Total is 80%.  Thanks in advance for your help!

[flow1972]

6 minutes ago, flow1972 said:

Just going to point out that the OP is 73 YO.  Isn't there a law that states that cannot reduce after age 55?

Answered my own question..55 is a "protected status" from future periodic exams.  But if you file a claim, they can review anything they want; but there is always the "long period of rest" argument in cases where you aren't working.

 

Regardless, Tinnitus wouldn't be re-evaluated because it's already at it's lowest level; and I'd guess that your heart issues have likely not "improved" with age.

[Stayfocus]

On 3/6/2023 at 1:07 PM, flow1972 said:

Just going to point out that the OP is 73 YO.  Isn't there a law that states that cannot reduce after age 55?

No law that says that

[Stayfocus]

On 2/27/2023 at 7:42 AM, Whodat said:

I agree with Shrek. Look it's like this. We all at some point was afraid of something or someone. I bet that you were afraid day1 in basic training. But we have overcome our fears.

Go for it. I don't think that you will get a reduction but if one is proposed, appeal it. You will still get paid the same and we all know how long appeals take. 

 

If va followed its own recommendations, we wouldn’t have to appeal and wait, wait, wait.

Just now, Stayfocus said:

If va followed its own recommendations, we wouldn’t have to appeal and wait, wait, wait.

Sorry…Regulations.

[Stayfocus]

1 minute ago, Stayfocus said:

If va followed its own recommendations, we wouldn’t have to appeal and wait, wait, wait.

Sorry…Regulations.

Not saying not to pursue. I’m saying pursue with overwhelming objective evidence!

[flow1972]

2 minutes ago, Stayfocus said:

No law that says that

38 U.S.C. 501 Section 3.327 Reexaminations

General. Reexaminations, including periods of hospital observation, will be requested whenever VA determines there is a need to verify either the continued existence or the current severity of a disability. Generally, reexaminations will be required if it is likely that a disability has improved, or if evidence indicates there has been a material change in a disability or that the current rating may be incorrect. Individuals for whom reexaminations have been authorized and scheduled are required to report for such reexaminations. Paragraphs (b) and (c) of this section provide general guidelines for requesting reexaminations, but shall not be construed as limiting VA's authority to request reexaminations, or periods of hospital observation, at any time in order to ensure that a disability is accurately rated.

(Authority: 38 U.S.C. 501)

(b) Compensation cases -

(1) Scheduling reexaminations. Assignment of a prestabilization rating requires reexamination within the second 6 months period following separation from service. Following initial Department of Veterans Affairs examination, or any scheduled future or other examination, reexamination, if in order, will be scheduled within not less than 2 years nor more than 5 years within the judgment of the rating board, unless another time period is elsewhere specified.

(2) No periodic future examinations will be requested. In service-connected cases, no periodic reexamination will be scheduled:

(i) When the disability is established as static;

(ii) When the findings and symptoms are shown by examinations scheduled in paragraph (b)(2)(i) of this section or other examinations and hospital reports to have persisted without material improvement for a period of 5 years or more;

(iii) Where the disability from disease is permanent in character and of such nature that there is no likelihood of improvement;

(iv) In cases of veterans over 55 years of age, except under unusual circumstances;

 

(v) When the rating is a prescribed scheduled minimum rating; or

(vi) Where a combined disability evaluation would not be affected if the future examination should result in reduced evaluation for one or more conditions.

 

The VA is notorious for not following this rule, but unless a new claim is related to an existing condition by being a secondary condition or the claim is requesting increase of an existing condition the above rules should be applied.

  Meaning, no periodic future examinations should be requested for "static" conditions, "permanent" disability, or when a veteran's age is over 55...EXCEPT UNDER UNUSUAL CIRCUMSTANCES.  So..there isn't a law that they cannot reduce after age 55, but there is one that they aren't supposed to request exams where they "could" reduce after age 55 unless there is an "unusual circumstance"...and you'd better believe I'd be asking them to provide documentation on what that is.

[Stayfocus]

19 minutes ago, flow1972 said:

38 U.S.C. 501 Section 3.327 Reexaminations

General. Reexaminations, including periods of hospital observation, will be requested whenever VA determines there is a need to verify either the continued existence or the current severity of a disability. Generally, reexaminations will be required if it is likely that a disability has improved, or if evidence indicates there has been a material change in a disability or that the current rating may be incorrect. Individuals for whom reexaminations have been authorized and scheduled are required to report for such reexaminations. Paragraphs (b) and (c) of this section provide general guidelines for requesting reexaminations, but shall not be construed as limiting VA's authority to request reexaminations, or periods of hospital observation, at any time in order to ensure that a disability is accurately rated.

(Authority: 38 U.S.C. 501)

(b) Compensation cases -

(1) Scheduling reexaminations. Assignment of a prestabilization rating requires reexamination within the second 6 months period following separation from service. Following initial Department of Veterans Affairs examination, or any scheduled future or other examination, reexamination, if in order, will be scheduled within not less than 2 years nor more than 5 years within the judgment of the rating board, unless another time period is elsewhere specified.

(2) No periodic future examinations will be requested. In service-connected cases, no periodic reexamination will be scheduled:

(i) When the disability is established as static;

(ii) When the findings and symptoms are shown by examinations scheduled in paragraph (b)(2)(i) of this section or other examinations and hospital reports to have persisted without material improvement for a period of 5 years or more;

(iii) Where the disability from disease is permanent in character and of such nature that there is no likelihood of improvement;

(iv) In cases of veterans over 55 years of age, except under unusual circumstances;

 

(v) When the rating is a prescribed scheduled minimum rating; or

(vi) Where a combined disability evaluation would not be affected if the future examination should result in reduced evaluation for one or more conditions.

 

The VA is notorious for not following this rule, but unless a new claim is related to an existing condition by being a secondary condition or the claim is requesting increase of an existing condition the above rules should be applied.

  Meaning, no periodic future examinations should be requested for "static" conditions, "permanent" disability, or when a veteran's age is over 55...EXCEPT UNDER UNUSUAL CIRCUMSTANCES.  So..there isn't a law that they cannot reduce after age 55, but there is one that they aren't supposed to request exams where they "could" reduce after age 55 unless there is an "unusual circumstance"...and you'd better believe I'd be asking them to provide documentation on what that is.