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  #1  
Old 13 June 2018, 19:40
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leopardprey leopardprey is offline
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Question Disability rating decrease?

What is the possibility of getting a decrease on your current disability rating, if you have a re-evaluation ?

Have had a 10% on one of my knees for 24 years, that was put on hold for NG active duty in 2002 and then reinstated in 2004. (And as per my other thread they continued to pay me, when yrheybwere not suppose to and just recently they figured this out and are now collecting the $1300 in over pay from me).

Also have 10% for broken back residuals (parachute accident happened 2002, but just got the rating last year).

I applied once for an increase to the knee, for increase mobility/arthritic issues over the years. But was denied.

VA Rep spoke with today says I should be getting more for both my back and knee (maybe 20% for each instead of 10%). So he is recommending I request a reevaluation. BUT he states you always run the risk of them coming back and reducing instead of increasing. Even though I have more pain and believe I may rate higher than 10%, I would hate to run the risk of the VA screwing me over and reducing what I currently have.
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  #2  
Old 13 June 2018, 19:46
Gsniper Gsniper is offline
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Get familiar with both disabilities and the exams they rate them with. They are both rated on range of motion. You get 10% for pain, but in order to get an increase to 20 you will need less range of motion. If you just go in and say "it hurts worse" you're not likely to get an increase.

PS PM me your email address and I'll send you the two exams. I have them in PDF.
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Old 13 June 2018, 20:15
Gsniper Gsniper is offline
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Should be inbound LP. Good luck!
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Old 13 June 2018, 20:50
Fu King Lawyer Fu King Lawyer is offline
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I don't know crap about law, or the VA rules. But I heard somewhere "that if you have had a VA rating for 20 years or more, and so long as no fraud was involved in getting that rating, you keep it for life." But WTF do I know? I am sure that someone will be along shortly to give you ground truth.

"The protective provisions of 38 U.S.C. 110 and 38 CFR 3.951(b) do not require a concurrent award of monetary benefits.

An evaluation for compensation purposes that has been continuously in effect for 20 or more years is protected whether or not the Veteran elects to receive the compensation."
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Old 13 June 2018, 21:25
Akheloce Akheloce is offline
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This is not Akheloce, this is Akheloce's GF who works as a VSR at the VA:

Get an appointment with your primary care provider- VHA, not VBA... not a "Comp and pension" appointment, just a regular appointment, (VA PCP is best because the records are easy to get), go over all of the injuries caused by an in service event. I would look at your service treatment records. ANYTHING you were treated for you should put in for a service connection. If the doctor doesn't think your knee and back conditions have gotten worse, do not put in for an increase. If your doctor does think it has gotten worse, fill out a 526EZ and a 21-4138 for the back and knees. In the 4138 you will write about how both conditions have gotten worse.

Edit:

Given your MOS, put in for hearing loss and tinnitis, also add anything connected to the knees and back IE hips, etc.


This is AKheloce now- off the record, she said "I could get him way more than 20%)
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Old 13 June 2018, 22:12
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Quote:
Originally Posted by Fu King Lawyer View Post
I don't know crap about law, or the VA rules. But I heard somewhere "that if you have had a VA rating for 20 years or more, and so long as no fraud was involved in getting that rating, you keep it for life." But WTF do I know? I am sure that someone will be along shortly to give you ground truth.

"The protective provisions of 38 U.S.C. 110 and 38 CFR 3.951(b) do not require a concurrent award of monetary benefits.

An evaluation for compensation purposes that has been continuously in effect for 20 or more years is protected whether or not the Veteran elects to receive the compensation."
I agree with you. What is happening now is a Veteran is sent to a non V.A. Doctor who don't know shit about disability ratings. I.E. individual has Cancer for years, this Doctor writes a report the individuals no longer shows that he has cancer. The Doctors report is sent back to the V.A. Now the V.A. stating he no longer has Cancer so they are going to reduce his 100% disability, this is what the choices program is doing to our Vets.
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Old 13 June 2018, 22:15
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In answer to your original question, probably not. You are safe, based on my experience and just gotten reevaluated after 10 years.
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  #8  
Old 13 June 2018, 22:42
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CAP MARINE CAP MARINE is offline
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I’ve had my 100% for 23 years. Can’t be lowered
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  #9  
Old 13 June 2018, 22:44
Gsniper Gsniper is offline
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I understand LP's apprehension. I'm pending a reduction hearing on a back issue that came up on a 5 year re-eval. I'm not going to spend all night bashing the VA, which I easily could. However it does pay to weigh the pros and cons of it before voluntarily taking an exam.
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Old 13 June 2018, 22:50
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I just got a notice for a re-exam, 19th of this month. Mine is for my PTSD rating. From what I read they have to be able to articulate and show a pretty extreme recovery.
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  #11  
Old 13 June 2018, 23:25
Fu King Lawyer Fu King Lawyer is offline
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Quote:
Originally Posted by wildman43 View Post
this is what the choices program is doing to our Vets.
Actually, a little bit or reading will reveal this has nothing to do with the Choice Program. For instance:

http://articles.latimes.com/2006/apr...a-contractor23

"Principi's firm administers medical exams to veterans seeking disability assistance. It also examines soldiers before they are discharged. The results of the exams play a substantial role in VA disability benefit decisions."

The former SECVA set up the system of contract doctors that routinely conduct C&P exams more than 10 years ago. Deep state, self dealing bureaucrats.

If you search SOCNET, you will find people here who likewise had bad experiences with VA examiners (not contractor) who hurt their claims during VA exams.

VA has been broken for decades, and the Choice Program is not the reason......
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  #12  
Old 14 June 2018, 00:15
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Quote:
Originally Posted by Fu King Lawyer View Post
Actually, a little bit or reading will reveal this has nothing to do with the Choice Program. For instance:

http://articles.latimes.com/2006/apr...a-contractor23

"Principi's firm administers medical exams to veterans seeking disability assistance. It also examines soldiers before they are discharged. The results of the exams play a substantial role in VA disability benefit decisions."

The former SECVA set up the system of contract doctors that routinely conduct C&P exams more than 10 years ago. Deep state, self dealing bureaucrats.

If you search SOCNET, you will find people here who likewise had bad experiences with VA examiners (not contractor) who hurt their claims during VA exams.

VA has been broken for decades, and the Choice Program is not the reason......
Yes you are right but the Choice program has also caused some problems, The V.A. is weeding out or changing Doctors in the program. I am also one who had a problem
with a V.A. examiner. .
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  #13  
Old 14 June 2018, 00:22
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There have been some real problems with receiving 100% PTSD, at least here in okla; CCW taken away, CDL truck driver lost that too. There have been some other issues I just can’t remember what all has been said, in regards to 2 recent cases here locally.im 50% PTSD, 40% wounds-no problem on my part-been 100% for 23 yrs.(UD)
I was never revaluated, retired from day one, no TDRL
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Last edited by CAP MARINE; 14 June 2018 at 00:23. Reason: M
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  #14  
Old 14 June 2018, 01:05
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I’m reading through my re-evaluation paper work now. I can’t figure out what this paragraph means. Are my responses mandatory since there’s a OMB Control number, or are they voluntary just like it says immediately afterwards?

There’s a questionare they are asking me to fill out and, if my statements aren’t mandatory should I even proceed with my appointment?
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  #15  
Old 14 June 2018, 09:53
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Talking with a certified service officer would help? Surely we have someone on SOCNET
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  #16  
Old 14 June 2018, 10:31
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RangerCharlie RangerCharlie is offline
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DAV rep said if you have rating for 10 years, it can't go lower.
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  #17  
Old 14 June 2018, 11:16
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Got jacked from 80% down to 30% while I was in AFG. Appealed the decision to have a D&C hearing until I got home to be able to defend / present evidence, and was denied, saying the file was complete enough, so they had their hearing and subsequently bumped me down. That was four years after initial award. Took another seven to get up to 40%, where I am now.
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  #18  
Old 14 June 2018, 12:37
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There is a Federal Statute that covers 20 year period; not sure on any 10 year time frame? My stuff being combat wounded and so long ago things change; every veteran has a different problem
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  #19  
Old 14 June 2018, 12:42
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Quote:
Originally Posted by Fu King Lawyer View Post
I don't know crap about law, or the VA rules. But I heard somewhere "that if you have had a VA rating for 20 years or more, and so long as no fraud was involved in getting that rating, you keep it for life." But WTF do I know? I am sure that someone will be along shortly to give you ground truth.

"The protective provisions of 38 U.S.C. 110 and 38 CFR 3.951(b) do not require a concurrent award of monetary benefits.

An evaluation for compensation purposes that has been continuously in effect for 20 or more years is protected whether or not the Veteran elects to receive the compensation."
Yes you are right about the 20 yrs.

If you are less than 10 years they can reduce to Percent, BUT NOT the conditions.
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  #20  
Old 14 June 2018, 12:50
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Yes!
Remember last year when DT was elected and SECVA wanted to take my unemployability? He couldn’t take mine, over 20 yrs 100%. What a foolish idea anyway
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