VA Disability 5 Year Rule Explained
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- čas přidán 5. 01. 2022
- Join CCK as we break down the VA disability 5-year rule! Some VA ratings are protected in one way or another from being reduced. Learn what happens when you have had a disability rating for more than 5-years, the rules VA must follow if they wish to reduce your rating, and what veterans can do in response.
READ the blog post here: cck-law.com/blog/what-is-the-...
Find more on protected VA disability ratings: cck-law.com/blog/protected-va...
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"You the Veteran has served your country honorably, let the VA now serve you." I won't hold my breath on that because that's what they're counting on when all of their tactics have failed to deny you or reduce you. Hold your breath til you don't breath anymore as long as you don't do it at a VA hospital..... God forbids that they don't wanna be responsible if you die in their care like the Veterans 8 years ago.
I've learned how to live without even breathing, its weird but i don't take as many breaths as most ppl do.
@@robertt.mcknightiirobamg8408 same here, have to tell myself to breath. Even had a device on whike hospitalized several times in 2020, which revealed my oxygen and breath levels, and Nurses dispatched to ask, and I'd realize that'd be because the result of my S.C. but disregarded symptoms.
Some useful information, thank you!
You all are the best group of information for the Veteran the very best!! Thank you and thank you for your service
Thank you for the kind words, Leslie!
These folks helped me with my disability claim, and I can say they are top notch!
How much did it cost you?
Very good information. Thanks.
Another excellent post
Good to know. Thanks.
At any time they can reduce you and then it will take years to get back. I've seen this done many times just in my small local area. One guy received back pay because it was ruled he should not have been reduced in my local AML.
Would be interested in finger, hand, wrist issues. Thank you
Do they notify you they will be looking to reduce?
Always great videos. Audio could be better…
What if your disability is not PTSD? I have a broken back and other disorders
My question is on what basis do they reduce ratings? Like if you haven't been checked up for it in a while or if you stated you're getting better at your examinations?
Combat Craig mentioned the same thing. Keep seeking treatment by phone calls, visits or online messaging. Hope that helps.
I was 60% two yrs, now recently 80%, all determined by med records, two comp and pen exams & VA. Would I expect a 5 yr review in 3 yrs, or in 5 after their finding of 80%?
The 5 years as most recently determined. If any changes at all, the 5 years start all over again. You. 60% to 80% 3 years ago. You have 2 years till 5 years. If any changes occur they reset your 5 years.
I am 100% T and P, do the reduce people with this rating?
TY, what if the Original C&P was questionable, as well as what the CSO did, and didn't file in the original claims?
Thank You, Appreciate your firm, and online assistance. GG
If you've received back pay for a disability filed in 2017 and got your final rating in 2018 then what date is the VA using to say you started receiving benefits 2017 or 2018?
Whichever date benefits the VA. All decisions are made regarding the VA’s best interest rather than the veteran.
Thank you.
I'm 90% P&T Unemployable. I thought by now I'd be 100%. This last February was 10 years for me. Just curious, am I stuck at 90%? Oh and the guys at the VA I am supposed to go to, LOVES to play mind games.
So if you’ve had Va benefits for over 7 years but the percentage has increased. Does the 5 year rule still apply. Or does it start over after each increase. ? Just curious.
Good question with no answer. If you get it let me know please
The five-year rule applies to your original rating not the increase until your increase hits five years.
If they reduced it it will go back to your original rating that is over five years.
Keep taking your meds and going to semi annual checkups. Never no show an appointment and youll have no problems.
I was told i was getting permanant and total, but im not. When separating from the military when starting to recieve va disability. Im rated at 100% with 2 50% ratings and many other lower ratings. Its been since early 2009 and no re-exam has happened. I havent improved... but i have family and need them to have insurance. I need to get permanant but i dont want to somehow get reduced by some random event. Too much stress abput money etc how things are im sure most everyone understands. I was told that after 20 years nothing can be touched, and after 10 things cant be removed but can be adjusted. Never heard if 5 year so maybe changes happened so Im here askong. What should I do?
Hi, this is how it worked for me, I retired in 2015, I was rated at 100%, but not permanent and total because two of my ratings had "future appointments." Future appointments meant that those two conditions required a revaluation because there was a possibility of improvement. That revaluation usually happens within five years.
Whomever is your Veteran liason (check EBenefits) who initially helped you with your claim (i.e. American Legion, DAV, *Wounded Warriors) can access to your records and can see which of your disabilities has a "future appointments" and the date your revaluation is pending. You can also look at your initial rating packet and see which, if any of your disabilities require revaluation, but the future appointment date won't show.
Once your time for revaluation comes, you'll be sent an appointment for an exam. If your disabilities have not changed, your rating % stays the same (keep in mind, the % can change but you still remain at 100%...check the online rating calculator) you should then become permanent and total. And after that, typically you're left alone according to my Veteran liason. But if you try to add on other disabilities, they can review all your disabilities. If you get to 100% P&T, all your disabilities are covered, rated or not. Hope this helps.
@@d.b.n.3974 Thank you for all that info. Would the future appointment be listed on the ratings sheet online or in another document? I firget who I picked to represent me. Ill call around to see. But just in case any further info in where to find it would be great. Thank you again. Joe
@@TewkyTag No problem...that's what we do. The rating list is online in EBenefits; you should have an account, but if you don't, you should register. You'll also find who "represented" you to help you file your initial claim when you were getting out on there. I had American Legion, but finding them to help me post retirement was hard. I contacted Wounded Warriors, they sent me paperwork to switch to them, and took care of the rest. EBenefits is your best resource for all your information and the benefits you have. However, keep in mind, your original disability packet(s), that you got first via mail is the only one that will show if you need revaluation for any disabilities (but not the date, i.e.5 yrs from your initial claim date), it will not show it online for some reason. Other than your original paperwork, the Veterans Liason has access to that information including the date. Also, you can use a Veterans Service Officer (VSO) that works for the VA, but I found them hard to access, typically overworked, but messed up my on a claim and got me reduced. They're a hit or miss. Good luck!
I had a 100 percent PTSD rating on top of another 100% and instead of unemployable ivy I received Housebound pay. I was at 8 years with these ratings when I had a one-time meeting with a contractor who evaluated my PTSD...I was dropped to 70% and lost Housebound but am still an overall 100%. I never heard the 5-year rule, I heard of a 10-year rule.
Were you p&t?
@@DavidAlejandro201990 I read my documents again and they do say permanent but not permanent and total.
Sad part is when I had to appeal was right after Thanksgiving with the 30 day point being Dec 26th, when nobody is really around. I did fax my request under the new system for appeal but they claimed they never received it. I made the mistake of not writing the lady's name that provided the fax number and not following up. My fax transmission said OK, meaning it was sent and received, but they claimed it never went through.
You know how it works, simple mistake on my part, I should have known better.🤪
However, it seems this new system puts burden of proof on the Veteran not the VA?
I am still 100 percent, just no longer housebound status.
I have a question about a veteran who was just service connected and rated unemployable due to mental health issues. Is it possible he could be rated PERMANENT because he has been treated for over a decade? He just became service connected, but who is going to hire someone who has been treated for serious mental health issues for over a decade. The veteran is currently 34 years old. Any insights?
@@hawktriad I'd google that fax number and see what it actually corresponds to. If it is the right number, then you have proof that VA was in receipt of your appeal within the timeframe.
@@hawktriad contact your senator (website should exist). They will send a workerbee to look into it and lock things up and fix them quick if at all possible.
I've been on IU since the early 90's. I'm now nearly 70, and have wondered if my pension is secure after 20 years as I've heard?
Under current law, yes.
Though IU seems to always be first on the chopping block to save a quick buck when the CBO proposes cuts.
@@rulesyaface yeah I know. Trump tried to cut us back when he took office.
The key to IU is never work and never volunteer for any agency that reports their volunteer hours. I'm 80 % and IU. I am retired military and also draw SSDI. "Keep your mouth shut and never work again" was the advice of my VA counselor. So far so good and my decision says, "Permanent and Total". I do not trust the VA and never will. I do not utilize VA healthcare and do not talk to them. They are looking to downgrade anyone they can get away with. Never Trust THE VA. Recently they sent me a "reconnect letter". Reconnect for what? Taking my benefits away? These people fought me for 9 years and I won. Do not engage the VA. I don't play.
Can you explain how the va severance pay recoupment. I was MEDBOARD and got 10%. I have multiple claims which equals to 97% which is rounded to 100% p&t. I've been told that the severance pay only applies to the 10% and not on my other disability claims which means I am still @ 100%. Is this true?
When determining if you get a medical discharge with a severance payment vs a medical retirement, the VA only takes into account the disabilities that make you unable to serve. If that disability is only rated at 10%, you get a medical discharge and a severance payment depending on things like time served. However, your monthly VA disability payment should at the 100% rating.
In the long run, the VA will recollect the full amount of the severance pay no matter how you slice it. They make sure of that.
They took mine back after 16 years of being out…..
Thank you. I thought my 2004 20% rating for bilateral ankle impairment was not safe until 20 years.
The 20 year rule is the rule that matters.
How does this 5 year rule pertain to a Veteran that is 100% P&T?
I've been 90% service connected at (static) or permanent status for 3 years now. Should I expect a re-evaluation?
Keep your head down
@@thedolphinDog do you know if they will re-evaluate me? I'm kinda nervous
When does the five year rule start? The date of the ruling or the effective date of the ruling.
Effective date
While on hold...VA 1800 827-1000 line....There's a recording that comes on that says; " Going to the VA Doctor is required for certain disabilities at least "Once every 2 years" to maintain disability rating." If so, Does 100% TDIU / P&T fall under those guidelines? Thanks.
over 55 years old a similar rule
20 year rule in the golden ticket.
@@LawDogg01 yes it is but I won’t live that long too many health problems
Where are you located? I need some advice regarding a claim.
Hello Shaun, our headquarters is located in Providence, RI but we assist Veterans nationwide and internationally! If you are interested in a complimentary case review, please reach out at (401) 331-6300. Thank you!
I got reduced from 50-30%...I've had documentatuon from Dr's explaining severity of my migraines, brain lesions due to intensity, but because "wording" explaining as such wasn't verbatim I got reduced.
Appeal now
@UKHillboy 365 Not only appeal, if you haven't already, go to what 50% criteria is and if a doctor explained the severity, hopefully they will do it again. Hell, you write it it over and add what's missing and have them sign it.
Also, if this applies...many yrs ago I too got a reduction, out of the blue...I wasn't applying for anything. The only thing I could think of was something I picked up growing up.
How ya doing today? I'm good how are you ?
That type of positive reaction.
Not joking.
I've not done that since with every single thing VA related. I whole heartedly believe that to be the reason. None of them are your friend and actually care about how you're doing... Never forget that. 🕊️
did you get a letter before getting the reduction @UKHillboy 365?
Suppose too what does that mean not sure ?
does this 5 year rule apply to newly P&T award too?
Yes
My main disability was 40% the rest added up to 90% Im still confused if i can work Anything other than a office job like a welder and not get removed raitings
Way it was explained to me as long as your job doesn't aggravate your actual disability....for example, don't suggest someone rated for PTSD doesn't become a cop, or intensely stressful job, etc....I suffer with migraines real bad so I can't stare at a computer all day...hope this helps?
That’s ironic becouse that’s exactly what they did to me but CCK is calling them on it.
What should I do if they reduced without sending a proposal letter first?
Hi. Try and contact your Veteran Liason (the one who helped you file your initial paperwork for disability) and get your revaluation. If your Veteran Liason isn't helping, you can go to any other group, i.e. American Legion, DAV, Wounded Warriors. Don't let them deny you what you deserve. Good luck!
So say your 10 months away from the 5 years completed and your not permanent. And say you have 70% for PTSD. Your getting help for it, and treatment (medication and therapy) is helping a little does that mean you will be reduced?
Dies this 5 year rule apply if you are 100% P&T? Sorry if this was previously asked.
Hi, according to my Veteran Liason at Wounded Warriors, if you are 100% P&T (just got mine after my re-exam) you are done, and have nothing left for to be reevaluated for; you are covered for all your service connected disabilities and anything else that may come up. You should not file for any additional service connected disabilities because that can trigger a review of everything. In short, you're good.
I have multiple scoliosis (MS) There is no cure for that, I wish there was one
I have Multiple Sclerosis too; I got my initial flare back at 2020 and my left leg and foot were not working for months. And the VA diagnosed me with it, service-connected and all. And yet, not a damn rating for it. Two of my limbs were not functioning and my eyesight was wonky because of MS, and I did not get a rating for it. Fast-forward to today, my C&P exam is finally going to happen soon, and even to this very nanosecond I still don’t have even a single 0.000000001% rating.
I wish there was a cure too; if such a total permanent illness that is service-connected yet won’t even mean bupkis to the VA exists (and it obviously does), then what’s the point of not finding or researching a cure?
@@ResidentEddy Had the same thing but I had a really good Neurologist and I was at the VA/ER at least 3 times a year and one day he saw me in the hospital again at night and he said what's going on I said my feet are numb, He asked me how much do I get I told him for PTSD and MS and he said that's not a fucking enough you need to get a 100%, Left he went to his office he came back said I put the paperwork in, Go across the street when you get out of here and get the paper to them
@@ResidentEddy Yeah definitely do not skip that C&P exam, Make sure you go is gonna change your world
Turn the sound up
i gage how sick i am by my disability rating.
Have you heard anything about VETERANS THAT are having money being taken out of their disability checks for repayment of SSB they received when they left service
Thank you for information.
Sharing friend!!!
👍🇺🇸😇😘💖💧💦🌊🌎🌍🌏
This happened to me.
Was rated 100% service connected 2013. Was informed 2021 I'm being reduced to 70% after a phone interview. VA rep said they "looked at my file" in 2018 and suggested I be reduced to 50%...but didn't inform me and decided to just "let it ride" for a few more years... WTF?
Hi, sorry that happened to you. I recently got to permanent and total after 5yrs post retirement because I had two disabilities that required a revaluation. The one thing I do know is that they have to send you he proposal of reduction, and you get to respond and try to keep it. You should've gotten an exam appointment to reassess your disabilities the were proposing to reduce. No one should just call and say your reduced and that's it. Try and contact your Veteran Liason (the one who helped you file your initial paperwork for disability) and get your revaluation. If your Veteran Liason isn't helping, you can go to any other group, i.e. American Legion, DAV, Wounded Warriors. Don't let them deny you what you deserve. Good luck!
Well you should have a letter from the VA stating their intention and reason. If you have that letter, it should also tell you about your right to appeal the decision. Informed does not sound like a letter.
I was just shocked to get reduced by the VA for my PTSD, from 100% to 50%. I just got a letter, but it does not give me an explanation. I have been diagnosed with PTSD, service connected for 10 years, how could the VA do this. Please help, thank you.
That sucks! Listen to this video at least 3 times. I think he gave you your answer, however, look at videos of the appeals process. He said you are suppose to get the proposed letter of reduction, then you have 30 days to request a hearing. Then you have 60 days to submit evidence that you shouldn't be reduced. Again, keep reviewing this video. Also keep seeing a mental health provider!
@@KevinNordstrom brother, I have been to.all my appointments at the VA. I have even been to 3 C&P exams, this last one i believe was the one that screwed me. I retired in 2012, was awarded 100%, now 10 years later the VA does this. So yeah, I am already looking to appeal their decision.
@@1stnamebr406 will do brother, thanks for the support.
@@fernandohernandezjr4979 What was your rating before your last C&P exam and what was that C&P for?
@@fernandohernandezjr4979 hey, were you Permanent and Total 100%?
I was 90 for 6 years. I was raised to 100, 2 yrs ago. So will my rating years count from 90 or 100? So far my rating is 8 years total.
It starts over when you get 100. The five years means the same rating.
My husband has been 70% PTSD And 30% unemployment sine 1994. How do you get to permanent and total? He won't check into because he said if you make waves you get reduced
Judy
Thanks judy
Smart man.
@@Carrot8771 how do you get to permanent and tatal?
@@judysanford9001 Better talk to Craig or an attorney there. Craig has some videos on it.
I got a email stating that my conditions are static and will no longer be touched
From my amateur reading of the law, the static designation seems to be effectively the same as P&T without the T.
In other words for Veterans with a less than 100% combined rating but with conditions determined permanent.
PTSD JUST GETS WORSE, AS WAR CONTINUES. MARINES NEVER FORGET WHEN A THREAT IS IMMINENT.
Haha i was turned down for tbi and burn pit exposure the doc wrote for tbi i was lying but next test conformed it but they still used her info
I am 100% permanent can I receive more
Its not the VA that determines your outcome but God. Stay in prayer if you want to have victory in this life.
How much does he pay
@@anthonydavis3424 your faith in gold.
@@robertauld1334 your understanding is simple minded. God is in control. He gives everyone free will. How is that contradiction? Even if you choose to kill or fornicate arent there consequences? So there you have free will to do as you will but in the end god is in control. That why you dogs hate god.
Amen my friend.
@@anthonydavis3424 he pays what no one else can.
The v.a. is a death trap.
eggcellent
Yes every 5 years the VA will examine you over all, until you hit the 20 years mark with the stablished medical issues. Still undergoing treatment and participating in whole Health programs... Definitely worsening as you age ...
When you really physically can't get better VS. Mental health issues may improve more likely than and ...regarding your occupational capabilities.
All my ratings are static and I’m at 90%. Never had to go another examination
I’ve been raided this way since 2010 100%
I am 100% permanent can I receive more