Total & Permanent Disability

[maknon31]

I am a 100% service-connected disabled veteran.  I am totally and permanently disabled.  Under what circumstances could the VA take your 100% service-connected benefits away?  My rep said that after I was deemed 100%, my VA record was going to go on a shelf and collect dust.  I was also told that the only way I would lose my benefits is if I (veteran) opened a new claim for benefits after my 100% rating.  Is this true?

[pacmanx1]

40 minutes ago, relatively happy camper said:

Anytime you file a claim the VA has the right to review any previous claims.  They generally don't but know that they can.

Sorry to say, but this is just fear mongering, VA, some VSOs and other veterans pass on this information.  Did you read my post? There is a regulation that states the VA cannot revise decisions in a manner that is less advantageous to veterans than the decision under review. Unless the VA has some type of proof that a veteran has improved beyond normal conditions than they cannot reduce and with this crazy back log of benefits, they the (VA) don’t have the time or workforce to review every disability claim. Heck, they don’t even have the time to get a regular claim/appeal correct let alone trying to review prior claims is way beyond their capabilities.

[relatively happy camper]

3 hours ago, pacmanx1 said:

Sorry to say, but this is just fear mongering, VA, some VSOs and other veterans pass on this information.  Did you read my post? There is a regulation that states the VA cannot revise decisions in a manner that is less advantageous to veterans than the decision under review. Unless the VA has some type of proof that a veteran has improved beyond normal conditions than they cannot reduce and with this crazy back log of benefits, they the (VA) don’t have the time or workforce to review every disability claim. Heck, they don’t even have the time to get a regular claim/appeal correct let alone trying to review prior claims is way beyond their capabilities.

Since when has the VA followed their regs???  You have your opinion.  I have mine.  

[broncovet]

The VA can reduce your rating "regardless" (independent of) whether or not you apply for an increase.   "If" the VA does not comply with the regulations, the Veteran can hold them to them by:

A.  Asking for a hearing in a proposed reduction.  

     If there is no proposed reduction, then VA did not comply with their own regulations.  

B.   Appealing a reduction "in the event" that you can not defeat it before it even happens with the proposed reduction.  

    Source:   I have had the VA do proposed reductions on me TWICE.  NEITHER time had I applied for an increase.  

I easily beat the proposed reductions before they became final. The VA must give 60 days notice of proposed reduction, see below.  I simply wrote a letter, with applicable evidence, explaining why a reduction was not warranted.  The VA wrote back, and said that the proposed reduction would not take place, that my rating would remain unchanged times 2.  

Source:  38 CFR 3.105 e:

Quote

(e) Reduction in evaluation—compensation. Where the reduction in evaluation of a service-connected disability or employability status is considered warranted and the lower evaluation would result in a reduction or discontinuance of compensation payments currently being made, a rating proposing the reduction or discontinuance will be prepared setting forth all material facts and reasons. The beneficiary will be notified at his or her latest address of record of the contemplated action and furnished detailed reasons therefor, and will be given 60 days for the presentation of additional evidence to show that compensation payments should be continued at their present level. Unless otherwise provided in paragraph (i) of this section, if additional evidence is not received within that period, final rating action will be taken and the award will be reduced or discontinued effective the last day of the month in which a 60-day period from the date of notice to the beneficiary of the final rating action expires.

 

Edited April 12 by broncovet

[Lemuel]

I have a 100% P & T TDIU rating (80% combined).  I have re-opened claims that are confidently before the BVA expecting to retain everything I have and possibly get SMS-t or at least SMS something.

Temporary ratings and occasionally a fraudulent rating (as in the veteran committed fraud to obtain the rating) are the only rating revisions I am aware of.  You can be discharged with a 100% TDIU temporary rating, or another rating which is expected to get better, which will be reviewed as the VA seems fit.

If it does not say "temporary rating" then it is nothing to worry about.  The fear mongers have had those temporary ratings revised to less.  Jealousy makes people do irrational things.

[Rattler]

16 hours ago, relatively happy camper said:

Since when has the VA followed their regs???  You have your opinion.  I have mine.  

This is not a matter of opinion. What pacmanx1 and broncovet stated are facts based on years of experience with their own VA claim and their experience here at Hadit.com. The fact is a lot has changed in the last 16 years. 

With the enactment of the AMA in 2019 and some of the newer regulations regarding exposure how the VA handles claims has changed,