Will effective date BVA appeal cause a reevaluation? 100% P&T currently

[Brew]

I have an appeal hearing coming up and have begun to worry that going through with it could cause my rating (100% P&T) to be reevaluated. My appeal is ONLY of the effective date of my original rating as my effective date was randomly chosen (no logical date) and I have evidence that it extended back ten years+. 
So, the upside is that I would likely get a sizeable back pay, BUT, the value of P&T for myself and my family cannot be understated. Healthcare for my young son and spouse, education benefits, etc. 

In terms of my paranoia/concern, I have improved over time. I’ve improved because I don’t have to leave the house unless I want to, I don’t have to work and I don’t work. But now I do some investing/trading, I occasionally volunteer for my son’s school, and I even have a hobby which is much better than when I was initially evaluated. These improvements were possible BECAUSE I was rated 100% (effective date more than 10 years ago now, P&T about 2 years ago) and was able to get out of work environments etc that were re than I could handle.

Any input or knowledge is appreciated.

B

[ShrekTheTank]

I have heard of the VA using this as a scare tactic.  

They would need to find cause to make this happen.  

I am at the end of mine where we are doing the Earlier Effective Date.  They should be making the call soon, but they never brought up anything other than what I had appealed.  

As it will be said, the VA can do what they want and look into whatever they want.  At the end of the day their man power is limited and they can only do so much.  

This is why you have to lead them to the information most of the time.  

I have been fighting them since 2013 and have never had any issues with it.  

I have heard of others having some issues, but always make sure your evidence is there and you tell the truth.  

[broncovet]

Knowledge is power.  So, read this over carefully and you tell me "if you have had actual improvement under ordinary conditions of life".  Pay particular attention to the BOLD parts:

Quote

§ 3.344 Stabilization of disability evaluations.

(a) Examination reports indicating improvement. Rating agencies will handle cases affected by change of medical findings or diagnosis, so as to produce the greatest degree of stability of disability evaluations consistent with the laws and Department of Veterans Affairs regulations governing disability compensation and pension. It is essential that the entire record of examinations and the medical-industrial history be reviewed to ascertain whether the recent examination is full and complete, including all special examinations indicated as a result of general examination and the entire case history. This applies to treatment of intercurrent diseases and exacerbations, including hospital reports, bedside examinations, examinations by designated physicians, and examinations in the absence of, or without taking full advantage of, laboratory facilities and the cooperation of specialists in related lines. Examinations less full and complete than those on which payments were authorized or continued will not be used as a basis of reduction. Ratings on account of diseases subject to temporary or episodic improvement, e.g., manic depressive or other psychotic reaction, epilepsy, psychoneurotic reaction, arteriosclerotic heart disease, bronchial asthma, gastric or duodenal ulcer, many skin diseases, etc., will not be reduced on any one examination, except in those instances where all the evidence of record clearly warrants the conclusion that sustained improvement has been demonstrated. Ratings on account of diseases which become comparatively symptom free (findings absent) after prolonged rest, e.g. residuals of phlebitis, arteriosclerotic heart disease, etc., will not be reduced on examinations reflecting the results of bed rest. Moreover, though material improvement in the physical or mental condition is clearly reflected the rating agency will consider whether the evidence makes it reasonably certain that the improvement will be maintained under the ordinary conditions of life. When syphilis of the central nervous system or alcoholic deterioration is diagnosed following a long prior history of psychosis, psychoneurosis, epilepsy, or the like, it is rarely possible to exclude persistence, in masked form, of the preceding innocently acquired manifestations. Rating boards encountering a change of diagnosis will exercise caution in the determination as to whether a change in diagnosis represents no more than a progression of an earlier diagnosis, an error in prior diagnosis or possibly a disease entity independent of the service-connected disability. When the new diagnosis reflects mental deficiency or personality disorder only, the possibility of only temporary remission of a super-imposed psychiatric disease will be borne in mind.

(b) Doubtful cases. If doubt remains, after according due consideration to all the evidence developed by the several items discussed in paragraph (a) of this section, the rating agency will continue the rating in effect, citing the former diagnosis with the new diagnosis in parentheses, and following the appropriate code there will be added the reference “Rating continued pending reexamination ______ months from this date, § 3.344.” The rating agency will determine on the basis of the facts in each individual case whether 18, 24 or 30 months will be allowed to elapse before the reexamination will be made.

(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.

 

Its actually very difficult for VA to reduce you, unless this is a temp rating, or you have had it less than 5 years.  (This goes from the effective date).  

      It gets better.  

The BVA "only has jurisdiction" for the issues you specifically gave them when filing your appeal.  Did you appeal your disability percentage or SC?  No?  Well the only issue the BVA has jurisdiction over are the ones you specified in your appeal, that is, the effective date.  

      The VARO must do a Proposed reduction to reduce you, to give you ample opportunity to dispute the proposed reduction, before it occurs WITH A hearing if you so choose.  If you are P and T or over 5 years, its very hard for VA to reduce you, "even with episodic" improvement, or improvement from not having to work a job.  

      "Actual improvement under ordinary conditions of life" means you are working, because "ordinary" people work, and disabled people dont.  

[Brew]

On 9/5/2024 at 12:00 PM, broncovet said:

Knowledge is power.  So, read this over carefully and you tell me "if you have had actual improvement under ordinary conditions of life".  Pay particular attention to the BOLD parts:

Its actually very difficult for VA to reduce you, unless this is a temp rating, or you have had it less than 5 years.  (This goes from the effective date).  

      It gets better.  

The BVA "only has jurisdiction" for the issues you specifically gave them when filing your appeal.  Did you appeal your disability percentage or SC?  No?  Well the only issue the BVA has jurisdiction over are the ones you specified in your appeal, that is, the effective date.  

      The VARO must do a Proposed reduction to reduce you, to give you ample opportunity to dispute the proposed reduction, before it occurs WITH A hearing if you so choose.  If you are P and T or over 5 years, its very hard for VA to reduce you, "even with episodic" improvement, or improvement from not having to work a job.  

      "Actual improvement under ordinary conditions of life" means you are working, because "ordinary" people work, and disabled people dont.  

Thank you both for the helpful answers. I went forward with my hearing. I am glad it’s over and I can finally say I’ve done everything I can to tell my side of the story. Putting it to rest after this. I already feel relieved because based on how the hearing went I know the judge will do the best she can under the law. Thanks again, I’ll be sure to donate to the site. 

[broncovet]

Most Veterans "eventually" win their benefits.  That is, unless they give up, or just plain are not eligible, sometimes because of something like "bad paper". (bad discharge).  

Unless you can get your discharge upgraded, and thats quite possible also, you cant win with bad paper.  

If you look at the statistics on the BVA chairmans report, you will see that only about 20 percent of Veterans appeals to the board are denied.  (depending upon your representation, lawyers do better than VSO's.). That means you have about an 80 percent chance of eventually winning beneifts, sometimes with a remand first, when you go to the BVA.  You can look it up here:

https://www.bva.va.gov/Chairman_Annual_Rpts.asp

If you click "2023" the most recent, and scroll down to page 53, in the grand totals, it shows just 16.9 percent of Vets appeals are denied by the BVA.  Of those denied, some of those are appealed to the cAVC and then remanded, where the Vet still wins.  (Like I did)..  So, all in all, I estimate close to 90 percent of Veterans who dont give up eventually win their claims, because some are won at the VARO level, others at HLR, and still more at CAVC.  The key is not giving up.  If that method fails, try something else.  

[john999]

It is true that eventually if you keep at it you will get your benefits.  The problem is that you may lose everything you own while you wait.  It took me 30 years to get 70% and then another 2 years to get TDIU P&T.  I know others here have lost everything while waiting for your 100% or TDIU.  When you get your retro (minus interest) you feel vindicated ,  buy you are still in the hole for the hardships you endured over the years.  I was lucky because I was able to work up until the time I got fired due to my disability.  That was 23 years ago.