Age cut-off for C&P exams?

[Gone Fishing]

I have an agent orange disability.  Is there an age cut-off for C&P exams?  I recently turned 76 and just had chemo induced peripheral neuropathy diagnosis confirmed.  Unsure if I should file further claims, or just let the current 100% disability ride for now.

[brokensoldier244th]

No, you can file a claim at any age. 

[Vync]

@Gone Fishing Yep, no age limit. I am helping a 76 year-old Vietnam vet and he filed for AO-related issues.

[Gone Fishing]

2 hours ago, brokensoldier244th said:

No, you can file a claim at any age. 

Many  thanks for the speedy reply, but I guess I did not make myself clear.  My question is, is there an age limit when they stop asking you to take a C&P exam?  I understand that I can file an additional PD claim, but is there a time when you age out and disability is deemed permanent?  

[Dustoff1970]

No.  I am 77 and have been filing my own claims and appeals successfully since at least 98 and been P&T TDIU since 98 and then made 100% P&T scheduler with SMC-S early this year.  How ever after reading many 100s of BVA and CAVC decisions over the years plus years of deep research has indicated that older vets with at least 5 years of a static disability are extremely unlikely to be reevaluated for a particular disability unless they file for an increase in that disability.   Sometimes at any age the VA may automatically make or deem a vet as P&T by stating no further exams are scheduled and you are entitled to Chapter 35 ?? benefits for your dependents.  Sometimes the vet has to request in writing (filing a claim) as I did in 2000 for the VA to make the vet P&T.  Approval was quick.

A disability that has been in effect for 5 years is considered static.  A disability that has been in effect for 10 years cannot be terminated but can be reduced and if in effect for 20 years then the disability cannot be reduced or terminated unless fraud was involved.  I do recall reading in VA rules about the magic age of 75 where VA raters must show an over whelming amount of evidence that the vets disability has improved before reduction and this goes is same for the 5 and 10 year rule.  This does not apply to 100% temporary disabilities for hospitalization of certain medical conditions.  You can have a permanent disability rating but not be yet considered a total combined rating of a 100% rating. Others here plus an experienced VSO at a VA regional office can provide a better explanation.

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

Edited December 12, 2023 by Dustoff1970

[Tbird]

you may find this helpful https://cck-law.com/video/is-age-a-factor-in-va-claims/

 

[broncovet]

There are "at least" two types of  c and p exams:

1.  One initiated by the Veteran, when he/she applies for benefits or a benefit increase.  The Veteran is seeking additional compensation.  

2.  This type is initiated by VA, generally for purposes of a proposed reduction.  If the VA thinks your condition may have improved, you could be called for a c and p exam for purposes of a proposed reduction.  This is sometimes called a "review" exam, or VA sometimes calls it a "future scheduled exam".  

If you are P and T, you should not be scheduled for a "review" exam.  

 

Exam 1, above, can occur at any age.  

Exam 2, however, has an age limit of 55, explained here:

Quote

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IV.ii.1.A.1.d.  When Not to Schedule Review Examinations

Do not establish a future examination control in cases when the disability is static, without material improvement over five years the disability is permanent in character and of such nature that there is no likelihood of improvement the Veteran is over 55 years of age (except under unusual circumstances or where required by regulation) the evaluation is the prescribed schedular minimum within its DC the evaluation is 10 percent or less, or the combined evaluation would not change even if the reexamination resulted in a reduced evaluation for one or more disabilities.

source:  https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000014321/M21-1-Part-IV-Subpart-ii-Chapter-1-Section-A-Determining-the-Need-for-Review-Examinations%3FarticleViewContext=article_view_related_article#1a

Edited December 12, 2023 by broncovet