Disability Rating Increase Promise Under PACT Act

[pro-se]

There has been some recent VA chatter about the PACT Act.  From what I read (as quoted below, from military.com).

"Veterans who already have a partial VA disability rating could have their rating increased now that the VA covers more conditions under the PACT Act, and they don't need to fear that applying could potentially cause their rating to decrease instead, VA officials told Military.com."

Unfortunately, based on my experience with the VA, I'm concerned the VA might just go ahead and decrease my current rating, despite their promises.

Has anyone had an experience with the VA where they have reduced a rating?  Can you please share some details of your experience on that issue.

Thanks 

 

[pro-se]

Thank you for your insight about the PACT Act.

I read recently on military.com that roughly 1/3 of vets applying for benefits under the PACT Act have not received an increase of disability.  It seems that this is mainly focused on vets claiming high blood pressure incident to hazardous exposures while on duty.  I think the VA, according to the CFR, interprets this condition as well controlled with medication and does not merit an increase in disability rating.  I wonder if other conditions covered in the PACT Act may be viewed by the VA as similiar and not meritorious of a rating increase.

Did the VA publish proposed rules and ask for public input in the application of the PACT Act?  I don't think so; all I recall is a VA letter from their counsel on how they would apply the provisions of the PACT Act.

I'm sure there is more to come!  

[Vync]

@pro-se Not receiving an increase could be interpreted a few ways. If you qualify to file for a new issue under PACT, get granted SC, your combined rating would be recalculated to see if that increases. It is possible to be rated at 90%, file for (example) for tinnitus and get an additional 10%, but your combined rating could still be 90%. No "increase" overall in combined rating or monthly compensation.

Also wanted to explain that pyramiding can disqualify new or increased ratings from increasing your combined rating percentage. For example, hypertension and heart attack can be SC simultaneously. However, because they consider that pyramiding, the VA would use the higher percentage of the two when calculating the combined rating percentage.

[Dot09]

Yeah the Va did a reduction to me when I was awarded p&t. They told me that since it did not change my rating I wasn’t to receive a proposal to reduce. Personally I called them on their bs and had an imo laying around for my rom and the severity of what I was dealing with. So the HLR quickly settled it with my vso and it went back to my original protection date and percentage. Personally I feel like reductions are for the simple fact to chip away at our effective date percentages.