VA Disability Rating Reevaluations
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- čas přidán 9. 07. 2024
- This week, our Veterans Advocates discuss VA Rating Reevaluations. Why does VA reduce ratings? What rules must VA follow when proposing to reduce a Veteran's rating? How can a Veteran fight back a proposed rating reduction? Tune in to learn this and more! Table of Contents in description!
TABLE OF CONTENTS:
0:00 Introduction
0:20 Generally, How Do VA Disability Ratings Work?
1:48 VA Rating Reevaluations: Who is Subject to Reexaminations? Why Does VA Reevaluate Ratings?
2:34 When/ How Often Will VA Reevaluate a Veteran’s Rating?
3:28 What Could Happen as a Result of a VA Disability Reevaluation?
4:40 VA Rating Reduction Proposal vs. Actual Reductions: How This Process Works
5:50 Staged VA Ratings and the Role They Can Play
6:33 How Applying for Increase Can Open You Up for a VA Rating Reduction
7:25 Veterans Whose Ratings Will Not Be Reevaluated By VA
8:04 Veterans Over the Age of 55, Veterans at the Minimum Rating, Static (Permanent) Disabilities
9:22 What VA Must Show in Order to Reduce a Veteran’s Rating
11:36 Protected VA Ratings-When Your VA Rating Can’t Be Reduced: 5, 10, 20-year rules and What VA Must Show to Reduce Ratings
14:20 Is Total Disability based on Individual Unemployability (TDIU) Protected From being reduced?
16:20 The Strict Rules VA Must Follow When Proposing to Reduce a Veteran’s Benefits
17:52 What Can Veterans Do to Fight a Proposed VA Rating Reduction?
19:23 Deadlines Veterans Must Meet to Fight a VA Rating Reduction-Evidence and Hearings
21:05 After the VA Rating Reduction: What to Do
22:25 Final Thoughts and Advice From Our Veterans’ Advocates and Attorneys
READ the blog post here: cck-law.com/blog/how-often-va...
Feel free to ask questions, give us feedback, or request new veterans' law topics below! And don't forget to SUBSCRIBE so you won’t miss future videos. Visit our website at cck-law.com.
Thank you guys for taking the time to keep us informed
Thank God for people like you. This Marine thanks you from the bottom of my heart, thank you thank you thank you. God bless you and your families.
A couple of points of advice. Do not assume that because the VA has access to your in service medical records that they will do the research to establish your nexus. They will not. I had to do a FOI request for my records during my service in Viet Nam. All of my issues were documented in these records yet the VA initially ruled no disability and did not cite any of the old service records. If you do not provide all of the evidence supporting your claim then your claim has a good chance of being denied. Additionally: do some research on the physicians that the VA uses to examine your condition. If and when you appeal, the physicians qualifications are most relevant.I was evaluated by a doctor who was assigned to evaluate claim on skeleton and joint issues. This Doctor was a pathologist who worked for the VA hospital in El Paso Tx. My 2 doctors were orthopedic surgeons and one was also working for the VA hosp in El Paso Tx. The VA doctor, of course, ruled no disability and no nexus. My doctors both agreed to the opposite. The VA rater didn't address two of my claims at all and denied two and then claimed one of my on duty medical reports "was a mistake'. Case is under appeal since 2015. They have since given me a 10% on one of 6 claims. The others are all under appeal. Advice: Do not give up!! One could easily believe that the VA is not on the up and up. Also, I was using the DAV as my agent. What a scam they were. Did absolutely nothing for me except access records for me. Talked with three attorneys who told me my claim was too old and didnt want to mess with it. Typical attorneys, they want lots of money and dont want to work too hard for it. If you didnt loose your brain in combat, you can do this yourself, you will make mistakes, but most important, read the laws, get all of your medical records, an read VA court decisions.
Keep fighting the good fight and thank you for your service
Awesome job! Great information. Thanks CCK!
Fellow veterans, continue to be seen by your va pcp, or your private dr. Private medical records showing continuity of symtomtology and treatment.
You can upload these documents to a thumbdrive and save them to your documents in va.gov
The VA will then be able to view these in real time. VA has a duty to assist, keep this in mind. Take control of your claims, and appeals. We all served our country faithfully, now its up to each one of us to help each other as veterans.
I am almost 54 My conditions are listed as Static on my rating code sheet. If I upload to va.gov diagnosis of a worsening condition I am concerned va will send me to a c&p examiner and this Time I won't have an empathetic c&p examiner and ultimately be decreased. VA has on file a 1998 MRI (lumbar disk herniation L4-L5.)
I do see va primary care physician twice a year check up. I am currently seeking a private neurologist back surgeon for more medical evidence just in case I get a notice of re-evaluation between now 5 year anniversary of my claim.
@@MS-fc3mz Over age 55, statistically they won't re- evaluate you, as it is unlikely your condition is "fixable".
How we upload to va.gov ?
Great information, Thanks and God Bless
For my first reevaluation, would it be beneficial (or) excessive to have a psychologist fill out a DBQ for me to give the examiner or put in my file?
Great Vid!
Very good info
My husband was in Viernam he passed 7 yrs ago and i tried to get compensation for his deathbut since i am getting widows pension that was all icould get.He never got moey from the Va just his medical help and they were only giving him 106 a month for histime in Vietnam and had to pay back money that they said they had overpaid him.He passed from clear cell renal carcinoma which they said they had never heard of that cancer before and didn't have any studies on it
Can i request my own reevaluation had back injury and surgery before discharged in 07 and still have constant back pain. When I initially got out army granted 10 percent then went back to board and awarded change in rating does VA take that into affect
Be sure to keep all va appointments showing worsening symptoms and treatments.
I'm a client of cck and I'm satisfied with their service
Thank you Mr. Coleman!
Good morning CCk
Who are the two turds to give thumbs down to a lawyers office taking the time to educate Veterans and help people?
People downvote videos because they pop up in their feed and have little to do with anything they search.
Very articulate, question a veteran has a felony charge not health related prosecutor don't take in consideration will the veteran benefits be stopped?
I need help!! I got denied for my headache and am not sure if they even had it as a secondary. I saw the qtc doctor and everything he told me to my face that my headaches are too frequently to have a proper way of life yet still I got denied.
Hello! if you are interested in a free consultation with our office to determine if we are able to assist, please contact us at 800-544-9144. Thank you!
My husband was at 10% then he finally got 80% right before he passed he was had filed on something else is there a way I can find out what all he had got approved for & what he was waiting on last
@Pamela We're sorry to hear about your husband, our thoughts are with you. In terms of his active claim, eligible dependents of Veterans can be substituted in place of the Veteran for adjudication of their claim. (cck-law.com/blog/substitution-and-va-benefits-how-to-substitute-and-who-qualifies/) We recommend working with a VSO, such as the Disabled American Veterans (DAV) who can provide this help for free. You may also be eligible for Dependency and Indemnity Compensation (cck-law.com/blog/dependency-indemnity-compensation-qualify/). Hope this helps!
When you say “proverty treshold” that is income earned aside of our VA compensation?
Yes, VA disability benefits do not count as income in this sense. Thanks for watching!
Is compensation, % based, on you're "Monthly Pay" at time of separation, + COLA. To time of, Filing?
Nooooo. Totally independent of DFAS pay. Each level of % from 10-100 in increments of 10 has a payout level assigned. 30% comes with benefits that 10-20% don't have. 30% or above allows you to add small increases for your spouse and or children that's in Deers or dependents you can prove. 100% Grants special benefits from local, state and federal level. Your state can give you money off homeowner property taxes even at 50%. Depending on your state.
No, its based on current rating table. If you have retroactive pay, then va will use past va pay charts and pay accordingly.
On the opposite end, if the VA discovered through their records review that a Veteran’s condition(s) have worsened, will they propose an increase to the Veteran (through duty to assist)?
Unless already rated 100%, but is possible to be rated higher than 100%, just wouldn't be any benefit except if reduced in future.
If I request a revaluation for one condition will VA look at all other conditions and revaluation those? Thank You.
This is a great question, thanks for watching. The answer is: maybe. Bottom line--if you are requesting a higher rating or being reevaluated, VA has the right to review all of your ratings and could potentially reduce. Sorry we can't give you a more definitive answer, sometimes "maybe" is the only answer to what VA might do.
Yes they will
Can I be reduced if I’m 100% permanent in total but there’s signs of improvement?
VA Primary Care Provider stated an interesting item due to me being a retired military member. He stated that I would be better off seeking outside VA medical treatment based on my TRICARE for Life military health insurance coverage and that the VA is more set for the veterans without health insurance. So much for "When your in your in!" Would this justify the VA remains responsible for civilian medical treatment cost that I incured for Service Connected injuries. Is this doctor speaking out his lower mouth? Is the "CHOISE" program still in effect?
If someone has a 70% static mental health condition that finally starts to improve with medication, will the VA re-evaluate or potentially reduce based off of this improvement, even though it is considered static and has been in effect for 7 years?
If you tell your doctor your feeling better the va may see it and seek a reevaluation to determine if your current symptoms align with your current rating. I’m glad your feeling better but don’t loose your benefit on a possibly temporary alleviation of symptoms. Don’t lie but I’d suggest telling your doctor how you feel on your worse days not the good ones.
If you are P&T and now you file for smc's can they reduce your rating then
Yes, technically anytime you request a higher VA rating you open yourself up for a potential reduction. This is something to just keep in mind-- not meant to dissuade you from filing for an increase if you believe it is warranted!
You shouldn't have to claim smc, va should automatically assess and grant
What happens when you still have the tumor at almost the same size after three years I have stage three lung cancer and this tumor is almost laying on my sorter the main vessel for my heart I’m 77years old they can not operate on because of the immune therapy and the damage that radiation has about wiped out all the good tissue in my lung it’s all scar tissue around the tumor I had prostate cancer ten years earlier I don’t know what’s next .
What if your commissary letter says “ no future examinations” most of my claims are arthritis’s and spinal disease”
No future exams unless you open a new claim.
is there an age limit for reductions or re-exams?
Generally speaking, for certain special cases, there are rules in place that protect veterans from rating reductions or severance of their disability benefits. Check out our blog for more information: cck-law.com/blog/rating-reductions-what-va-can-and-cannot-do/#special-cases-protected-from-rating-reduction
what are the protections for a veteran that is rated 100% T/P via TDIU at the 7 year mark? thank you
@StaffSergeantof Marines, There are a few ways one can be protected from VA rating reevaluations. Check them out here :cck-law.com/blog/how-often-va-reevaluate-disability-ratings
I live in Europe and I’m well over 55. If they need me to be re-evaluated, will they pay me to fly back stateside ? Or to Germany where I go for my C&P examinations ? Thanks.
Tom Tucson the VA doesn’t bother veterans who are 55 and older
Phillip Aubin Denmark, unfortunately I have to fly to Germany which is stressful enough. VES doesn’t have any clinics here.
Brandon Martin , you can live anywhere. Tons of Veterans in Germany as well.
Phillip Aubin are those clinics with the VES ?
Phillip Aubin they initially wanted me to fly to Poland. 🤷♂️
who are the best go through for help? DAV? Veteran Guardians? I need a high % rate
VFW is hit or miss helpful even if you didn't serve in a foreign war. You can call many until you find one helpful. Ask for a VSO each time.
Hello. I was awarded 100% Permanent and Total in 2017. I received a phone call today from the VA for another follow up exam per the VES. Is this normal? I have not initiated anything nor requested anything further since 2017.
Same thing happened to me a few weeks ago. Im scheduled with ves in a month. I didn’t think I could get re-examined being pt. Did you go to the follow up exam? I am debating on not going.
@@MrLeeje713 did either of you guys go? What was the outcome?
👍
I have a 90% rating for PTSD. My letter informed me that I'm P&T and Unemployable. Will I be subject to a reevaluation?
Im the same but at %100, i just got informed Ill be having a reevaluation soon.
How do i wind up with $1234.72 @ 50% and 10%? Why isnt it at least $1500 (if 100% is over 3k)?
Taxes.
@@xaviermccloud4586 its not taxed... ?
@@jwgbmp40 if it was 1,500 the you recieve 1,200 something that means they took taxes.
@@xaviermccloud4586 they would have to show you that on a statement.. they do not.. my compensation is non taxable.
@@jwgbmp40 Hmm if that's the case then there should be a clear and concise reason as to why it's only 1200.
This system is a lawyers dream, not so much a Veterans dream!
If TDIU has lasted for twenty years, can VA reduce you to your less than 100% rating level for no reason? Or if you hit 62 yrs of age, typical retirement age, will VA reduce you assuming you wouldn’t be working because of age retirement.
I have been re evauuated every two years for 8 years
What is the 55 year old rule
I had VA issued revelation for CFS, which was rated at 60% for the last 8 years. After the 10 min exam, where the examiner stated she never heard of CFS a few months later I received a letter from VA with a proposed reduction to submit my evidence. I faxed statements and lay evidence well before the timeline. VA not only reduced my disability the reduced it from 60% to 0 % all based on a 10 min exam. After calling I was informed the VA never received my fax (evidence). I filed for a NOD for a Higher Level Review. What Can I Expect? Based on your video, and from my research as well, it’s been static for over 5 years, and the exam was very inadequate. During the exam there was no physical contact, no test perform just questions on my condition etc.
Thanks for watching, and we're sorry to hear about the troubles you're having with VA. You are able to challenge unfavorable C&P exams. Our blog might be able to help: cck-law.com/blog/how-to-challenge-va-cp-exam We also have a CZcams video on the topic that goes over the process. At this stage, we highly suggest reaching out to a Veterans Service Organization such as the Disabled American Veterans who provide free claims assistance. Hope this helps!
The VA seems to be all fluff and no substance.
Denial Incorporated
Better hire an accredited va attorney...dont go at it alone, the va has lawyers, you should have representation too .
Certified letters have to be signed for and they can’t say they didn’t get.
Are reductions common for PTSD?
I don't know, sorry very few try to help in these comments.
I want to file an 1151 claim and I need help
Check out our blog for more information.
cck-law.com/blog/1151-claims-what-they-are-and-how-to-file/
DBQ vs QTC appointments
DBQ is a form. QTC is a company that fills out DBQs.
During a C&P Examination last year in Florida I was subject to an Eye exam, knee x-rays and Ultrasound of blood flow of both legs. I have requested this information from the VA and from the examiners I have received NOTHING, Why? I haven't a clew.
Submit FOIA 20-10206
They have the nerve to send you a letter that's dated saying you have 15 daya to prove your claim but you have excess to EVERYTHING when you want it, I'm tired.
Does the veteran age, Iam 72.
Yes, the veteran ages just like all the rest of us. But assuming you mean if age matters, generally yes if 55 and older.
This is all great information. Is there a phone number I can call to discuss my situation. I just have a question
hello! Yes our office can be reached at (844)567-1185
J
President Trump drain this swamp, dump the board, put a board in from the fighting men and women on the ground. Not officers, they never expose themselves to the chemicals on the ground, with few exceptions.
I know one officer that did and lost 55% lung capacity.