Are Claims Currently Being Reevaluated Every Two to Five years?

[Max Rommel]

I was rated at 100% in 2018 and I'm aware that my rating could be reduced at some point. Internet sites state that the VA reevaluates claims every two to five years. It's been five years for me and so far I haven't heard a thing. Is the VA slow on doing the follow up reviews? Are they just backed up because of heavy caseloads? I'm hoping to keep my rating of course but just curious why things are so quiet. I'm 77 years old. Maybe that's part of it?

Thanks. Max

[Dustoff1970]

I have been successfully filing my own claims and appeals since 1998 and as recently as 2017 for Nam AO heart disease and OSA Sleep Apnea and just recently for GERD, Tinnitus and Hypertension (all successful) and have not been reevaluated for any of these with now one ACE Records C&P IMO exam exception that is still pending for the recent BVA grant of 60% increase for my heart disease.  The VARO raters are very unhappy that the BVA granted me an increase from 30 to 60% so this is their attempt at payback.

From 1998 and 2000 I was rated TDIU with 70% PTSD and then in 2000 made TDIU P&T.  During all that time (over 20 years) I was never called in for any C&P revaluation exams for my PTSD or 100% TDIU.

From 1985 to 91 I was called in every year for C&P evaluation of my 50% Nam combat PTSD and this was reduced to 30% then terminated in 91.  Everything changed for the better in 1998 when I started doing everything myself.  Sorry ass  older Korean War vet DAV VSO biased against us Nam PTSD vets.

So based on my very long term experience there is IMHO no mandatory C&P revaluation exams every 2 or 5 years.

Since 2017 I have been 100% P&T scheduler with SMC-S and going strong. I am almost 77.

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

 

Edited September 29, 2023 by Dustoff1970

[brokensoldier244th]

Google protected ratings, and see: https://www.ecfr.gov/current/title-38/chapter-I/part-3/subpart-A/subject-group-ECFR39056aee4e9ff13/section-3.327

[pacmanx1]

5 hours ago, Max Rommel said:

I was rated at 100% in 2018 and I'm aware that my rating could be reduced at some point. Internet sites state that the VA reevaluates claims every two to five years. It's been five years for me and so far I haven't heard a thing. Is the VA slow on doing the follow up reviews? Are they just backed up because of heavy caseloads? I'm hoping to keep my rating of course but just curious why things are so quiet. I'm 77 years old. Maybe that's part of it?

Thanks. Max

Unless you were rated with a re-evaluation time frame then it is not normal/typical for a veteran to be reduced. If and I say if you were rated for a heart attack (condition), or you were rated for some type of cancer, or some type of convalescent (recovery) rating, those ratings may have a recovery or remission time frame where the VA could/may re-evaluate your rating percentage. Outside of that why would you think the VA would reduce your rating? I agree with the above posts to most of the time most ratings are not reduced.

 

Edited September 29, 2023 by pacmanx1

[broncovet]

Your Regional Office decision should state:

Quote

No future exams are scheduled.  

This is VA lingo for Permanent and total, not subject to reexams.  

However, "temporary" ratings are subject to re exams, so, if your VARO decision does not state the above, then you can be scheduled for future exams.  

    Notice the "are scheduled" part.  Your VARO decision has a date, and it means "none are scheduled as of the date of the decision."  But it does not mean that VA can not decide later to schedule you for a re exam.  

Reread:

https://www.law.cornell.edu/cfr/text/38/3.344

The last paragraph, somewhat explains this, which states:

Quote

(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.

In other words, we dont get the protections of 38. CFR 3.344 for tempory ratings.  

[Rattler]

You were rated in 2018 that would put you in the 5 year rule that your condition would have to improved. Also you said you are 77 years old at over 75 the chances of you improvement goes way down. You can file form  VBA-20-10207-ARE-Priority Processing Request. 

 

VBA-20-10207-ARE-Priority Processing Request (Exp 10-31-23).pdf

[Dot09]

They may however order an exam to determine if you are p&t. That happened to me after my award. But seeing as you are in your 70’s I wouldn’t worry about it. Best of luck