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Va Rules For Re-Evaluation


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5 replies to this topic

#1 okie143

 
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Posted 23 August 2010 - 06:38 PM

I was evaluated in 1999 for service rated disabilities and given a % on my back and denied for depression and hearing. Since then my hearing has gotten worse, my back has increased to DDD, and my depression has been diagnosed as PTSD by three different VA physichologists.

I applied for re-evaluation the other day and when I received my packet, from the va, it states they are re-evaluating all my other service rated disabilities as well. The VSO I talked too to apply for re-evaluation said they would only check what I requested.

Did the VA pass a policy that they have to check everything even if only one area got worse, none have gotten better.

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#2 carlie

 
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Posted 23 August 2010 - 09:28 PM

In my opinion your VSO is incorrect.Anytime you file a claim, it allows the VA to have another
look-see at everything.
If your SC'd disability percentages are not covered by the
10/20 years of protection, if those disabilities show an improvement
your percentage can be lowered and if they show they have become
worse you could get an increase.

#3 allan

 
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Posted 24 August 2010 - 01:51 AM

Okie143,
ditto what Carlie stated.
I just went through this myself. They will reevaluate everything.

Did you not have any chronic pain with your back or take medication for it?
Do separation exams show back issues, hearing loss or tinnitis? Service records show treatment or injury?

Allan


#4 Testvet

 
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Posted 24 August 2010 - 08:29 AM

any time you file a claim for a new benefit or an increase in an existing benefit the VA "can" use it as a reason to re-evaluate all SC issues do they "have to"? No and they don't always do it I was worried about the same thing a few years ago I had just been granted 100% P&T for PTSD the RO denied my claim for cardiac issues so I filed an appeal but I was worried when I did it that the RO might re-open the PTSD issue and decide I had "gotten better" but they didn't re-open the PTSD issue and left it alone the BVA Judge did grant SC secondary to my PTSD for CAD and hypertension so now I am SC for PTSD, CAD and Hypertension

you are not really truly safe until you have held the rating for 20 years and even then if they can make a "fraud case" against a veteran then the rating can be revoked but if that happens the vet will have more problems than losing their check they will lose everything when they go to prison they will have food a roof and medical care but not at any style I can imagine they would want that would be an extreme case but there have been some a few years ago a vet who was SC for being paralyzed was caught in the parking lot of the VA loading his wheel chair into his car trunk and then walking around to the car door and something about the cops chasing him down a street with him running a few blocks not something a "paralyzed" person should be able to do how he got away with that one for years is beyond my comprehension but a clear case of fraud

If your VSO is so wrong on this issue I would have to question their ability on "everything" else are you sure this is the person you want with "your power of attorney" and their advice and their representation it is your claim and you are the one who will have to live with the end results not the VSO they won't miss a meal or a vacation if they mishandle your claim you need to be able to trust your POA

#5 okie143

 
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Posted 24 August 2010 - 09:13 AM

Yes I have chronic pain and the va rated me, initially, at 40% for arthritis of the spine SC. Now I have DDD with neuroformanal stenosis and the va prescribed me narcotic pain killers and wants to put pins and screws in my back. I was given 10% SC for tinnitis and now I have lost some normal speech recognition and the va gave me two hearing aids that don't work very well. During my 25 plus years in the Army the doctors, mostly PAs, would only due Xrays and not find the DDD but they wrote notes to tender and pain reproduced at L4/L5 S-1.

I don't have anything to hide all my SC ratings are legit and some have maintained steady due to meds and some have gotten worse.

Will let everyone know how it turns out.


Okie143,
ditto what Carlie stated.
I just went through this myself. They will reevaluate everything.

Did you not have any chronic pain with your back or take medication for it?
Do separation exams show back issues, hearing loss or tinnitis? Service records show treatment or injury?

Allan



#6 okie143

 
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Posted 24 August 2010 - 09:18 AM

any time you file a claim for a new benefit or an increase in an existing benefit the VA "can" use it as a reason to re-evaluate all SC issues do they "have to"? No and they don't always do it I was worried about the same thing a few years ago I had just been granted 100% P&T for PTSD the RO denied my claim for cardiac issues so I filed an appeal but I was worried when I did it that the RO might re-open the PTSD issue and decide I had "gotten better" but they didn't re-open the PTSD issue and left it alone the BVA Judge did grant SC secondary to my PTSD for CAD and hypertension so now I am SC for PTSD, CAD and Hypertension

you are not really truly safe until you have held the rating for 20 years and even then if they can make a "fraud case" against a veteran then the rating can be revoked but if that happens the vet will have more problems than losing their check they will lose everything when they go to prison they will have food a roof and medical care but not at any style I can imagine they would want that would be an extreme case but there have been some a few years ago a vet who was SC for being paralyzed was caught in the parking lot of the VA loading his wheel chair into his car trunk and then walking around to the car door and something about the cops chasing him down a street with him running a few blocks not something a "paralyzed" person should be able to do how he got away with that one for years is beyond my comprehension but a clear case of fraud

If your VSO is so wrong on this issue I would have to question their ability on "everything" else are you sure this is the person you want with "your power of attorney" and their advice and their representation it is your claim and you are the one who will have to live with the end results not the VSO they won't miss a meal or a vacation if they mishandle your claim you need to be able to trust your POA


I didn't state the RSO correctly my RSO is VFW, and the person who told me the info I mentioned before was the VA rep at the unemployment office. We have to go there for them to fill out the form for eval/re-eval. The VFW here says they don't get involved until the ratings come out.




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