A couple of things I wished you had mentioned. The VA's own OIG has slammed the VA in 2018 and again in 2023 for scheduling re-examinations in violation of their own 5/10/20/55 policies that you covered. The question is, does the veteran have legal standing to fight a potential reduction if the reduction is based on one of these re-examinations.
It happened to me. I simply asked for a hearing and invoked the 55 year "rule". I pointed out that the VBA had to use the " clear and convincing" standard of proof. Which itself requires a hearing. Took 8 months. Got dismissed for lack of any clear need or convincing evidence. Their words. ALWAYS require a hearing based solely on the rule you believe another C'n'P violates...😊
Thank you for All the information. I still have a few questions, and will continue to follow and share, hopefully my questions will inadvertently be answered, Thanks again.
I get treated amazing. I got shot 8 times including the head does three times had 70 units of blood died in the helicopter after fighting for 5 hours after I got shot. Out of 13 6 were still alive everyone was shot more then once mostly more then twice one was only shot twice I’ve been treated amazingly by the va literally saved my life many times But my recorded since I was shot im a war and medivaced out of country and spent two years at Walter Reed so I have a mountain of paper work
the entitlement on some folks is crazy, the VA is doing so much for veterans compared to 5-10 yrs ago, of course theres always room for improvement, but most vets that complain dont do their part to get the right care or follow the procedure to get them the care needed, and yes there is plenty of organizations out there that are willing to help fill every document out crossing every t and dotting every i, problem is many vets are to lazy or dont care enough to seek this out or get it done, they just want someone to read their mind and a monthly check to come in magically, it took me yrs of documentation and appointments and even now im barely getting my first surgery on torn ligaments and tendons from 15 yrs ago, but i have always sought out help when needed and in most cases have gotten it one way or another, and if they dont have it they pay for external help, doctors, medicine, etc. you just have to be willing to ask for it and do your part as a patient
@@0621memo You make a lot of assumptions about what other people are going through without knowing anything about what happened to them or what they did. It took my Dad decades with the help of advocates to get care after being exposed to agent orange. It has caused a ton of health issues for him and he has to fight for months and sometimes years to get the help he needs from the VA. But I'm sure you know better.
So, I’m rated at 100% PT/IU, that is permant and not subject to re-evaluation unless i go back to work and make money over the armmount allocated, which I have no intention of doing?
It seems the 5 year rule should start from the date a retroactive payment is calculated since the conditon was recognized at that point in time at that percentage level. Kinda reminds me of va math.
I have a question that I have been having difficulty getting a good answer. I am 64. I have had TDIU Perm and Total for 19 years and 11 months. I understand my income must be below a certain amount and if I exceed that, I can lose my TDIU. My question is this: Next month, I will have reached that 20 year mark, does the income cap remain in effect?
I’m 100% Total and Perm and called the VA to ask if I needed to register with them and have periodic checks and they flat out told me “No.” They said as long as I was 100% Total and Perm I did not need to register or have periodic checks. The woman told me I was welcome to register and see the VA because it was a benefit, but I was under no obligation to do so. She said it would not impact my disability rating, which was 100% T&P upon retirement from the AF.
Ive been rated 100 percent since 2016. And recently made P&T in 2022....is it now 20years from 2022 to be protected? Or is it 20 years from 2016? If you can clear that up that would be great, alot of veterans are hearing different information. Thank you
No,no,no...100% even if not P/T is protected after 20 years from the 100% award. P/T is a status which only can come into question when fraud is alleged. Once P/T attaches a significant amount of reviews have already taken place. To rescind that fraud or a "clear and convincing " amount of evidence must be IN THE RECORD. So....Did you put it in ? No , so it really can't happen unless someone claims fraud and snitches !!!
In 2009 I got 30% service connected for PSTD, in 2011 it went up to 50% the psychiatrist said I was worse, in 2012 it went up to 100%. In 2016 I was put in a mental ward at the VA HOSPITAL. I have a chronic kidney disease which the VA is treating me for and sleep problems. I think my kidney disease is from agent orange but since I’m 100% on PTSD they won’t ament it.
It's funny that my husband had a 7% disability rating for more than 20 years, and when he went to update his claim he was told his went from 7% to 0%. Then he was told he should have never been discharged for less than 30% negate he had surgery while on active duty.
Hello, I just got 100% P&T, I still have 3 claims awaiting for decisions, 1 still awaiting for P&C exam, 2 HLR. Should I go ahead with them or should I cancel the 2 HLR and the up coming P&C exam? Thank you.
I’ve been 100% P&T since 08/2010, I’m 60 years old but need Aid and Attendance but afraid to “poke the bear” and have then open or look at my file in fear of having my 100% messed with I can’t afford to take any chances Am I safe with the 10 year and 55 year rule ?
They are only supposed to reevaluate anything that the new claim can be tied to. So if you've only claimed PTSD and sleep apnea but now you're going to claim a torn rotator cuff you should be ok because it is not a secondary condition to the other two.
Look here…some of us cannot keep up with all that crap…I rarely take big pharma meds bc it makes me worse…i have to it for some symptoms but I do as natural as possible meds way less side effects
Thanks for tuning in! We hope this provided a quick but thorough summary of VA rating protections. Check the description for more detailed info!
Thanks for this information, you guys told me things I didn't even know about VA disability
Thanks for your kind words! We’re glad that we’re able provide information that can help our Veterans. Have a great day!
A couple of things I wished you had mentioned. The VA's own OIG has slammed the VA in 2018 and again in 2023 for scheduling re-examinations in violation of their own 5/10/20/55 policies that you covered. The question is, does the veteran have legal standing to fight a potential reduction if the reduction is based on one of these re-examinations.
It happened to me. I simply asked for a hearing and invoked the 55 year "rule". I pointed out that the VBA had to use the " clear and convincing" standard of proof. Which itself requires a hearing. Took 8 months. Got dismissed for lack of any clear need or convincing evidence. Their words. ALWAYS require a hearing based solely on the rule you believe another C'n'P violates...😊
@@radfordsmith2773 Glad it worked out for you Sir.
@@radfordsmith2773thats good info, thanks for sharing
Thank you for All the information. I still have a few questions, and will continue to follow and share, hopefully my questions will inadvertently be answered, Thanks again.
How do these rules apply to TDIU P&T?
Also if they note it has static to begin with.
I think I need more information, but thank you for all the help.I really enjoy your videos
Given how poorly vets are treated I'm a bit shocked anyone volunteers to serve anymore. It isn't right, they deserve so much better.
I get treated amazing. I got shot 8 times including the head does three times had 70 units of blood died in the helicopter after fighting for 5 hours after I got shot. Out of 13 6 were still alive everyone was shot more then once mostly more then twice one was only shot twice I’ve been treated amazingly by the va literally saved my life many times But my recorded since I was shot im a war and medivaced out of country and spent two years at Walter Reed so I have a mountain of paper work
The way veterans get treated by the government is exactly why so many kids will not serve in the military. Who can blame them?
the entitlement on some folks is crazy, the VA is doing so much for veterans compared to 5-10 yrs ago, of course theres always room for improvement, but most vets that complain dont do their part to get the right care or follow the procedure to get them the care needed, and yes there is plenty of organizations out there that are willing to help fill every document out crossing every t and dotting every i, problem is many vets are to lazy or dont care enough to seek this out or get it done, they just want someone to read their mind and a monthly check to come in magically, it took me yrs of documentation and appointments and even now im barely getting my first surgery on torn ligaments and tendons from 15 yrs ago, but i have always sought out help when needed and in most cases have gotten it one way or another, and if they dont have it they pay for external help, doctors, medicine, etc. you just have to be willing to ask for it and do your part as a patient
@@0621memo You make a lot of assumptions about what other people are going through without knowing anything about what happened to them or what they did. It took my Dad decades with the help of advocates to get care after being exposed to agent orange. It has caused a ton of health issues for him and he has to fight for months and sometimes years to get the help he needs from the VA. But I'm sure you know better.
So, I’m rated at 100% PT/IU, that is permant and not subject to re-evaluation unless i go back to work and make money over the armmount allocated, which I have no intention of doing?
With the new VA Claim Evaluations updated do these rules still apply?
It seems the 5 year rule should start from the date a retroactive payment is calculated since the conditon was recognized at that point in time at that percentage level.
Kinda reminds me of va math.
The effective date is when the rules begin
Ya, love v.a. math.
So why did they do another C&P for tinnitus and bilateral hearing loss when rating has been in place for over 5 years?
To see if it could be increased due to new changes in rating schedule?
@Absentminded_Abe left tinnitus rating the same and zeroed bilateral hearing loss
Tinnitus is always "static" (at 10 percent) as far as I know. Tinnitus is NEVER raised, nor ever itself, subject to review.
@@SalomonEspinosa70 they reviewed it under disguise then
I have a question that I have been having difficulty getting a good answer. I am 64. I have had TDIU Perm and Total for 19 years and 11 months. I understand my income must be below a certain amount and if I exceed that, I can lose my TDIU. My question is this: Next month, I will have reached that 20 year mark, does the income cap remain in effect?
What if you just never show up to be reevaluated?
Is Permanent and Total protected from the jump?
No! Don't let them fool you by saying that.
Whatever you do, don’t apply for anything else because they can mess with your file. You should be ok though
@@Jesus4me2011 Yup! Don't poke the bear if you don't have to.
I’m 100% Total and Perm and called the VA to ask if I needed to register with them and have periodic checks and they flat out told me “No.” They said as long as I was 100% Total and Perm I did not need to register or have periodic checks. The woman told me I was welcome to register and see the VA because it was a benefit, but I was under no obligation to do so. She said it would not impact my disability rating, which was 100% T&P upon retirement from the AF.
@@ChrisGenXerdid you mean to get seen annually by your PCM?
Thanks for this information
Ive been rated 100 percent since 2016.
And recently made P&T in 2022....is it now 20years from 2022 to be protected?
Or is it 20 years from 2016?
If you can clear that up that would be great, alot of veterans are hearing different information.
Thank you
2022 i believe
No,no,no...100% even if not P/T is protected after 20 years from the 100% award. P/T is a status which only can come into question when fraud is alleged. Once P/T attaches a significant amount of reviews have already taken place. To rescind that fraud or a "clear and convincing " amount of evidence must be IN THE RECORD. So....Did you put it in ? No , so it really can't happen unless someone claims fraud and snitches !!!
In 2009 I got 30% service connected for PSTD, in 2011 it went up to 50% the psychiatrist said I was worse, in 2012 it went up to 100%. In 2016 I was put in a mental ward at the VA HOSPITAL. I have a chronic kidney disease which the VA is treating me for and sleep problems. I think my kidney disease is from agent orange but since I’m 100% on PTSD they won’t ament it.
It's funny that my husband had a 7% disability rating for more than 20 years, and when he went to update his claim he was told his went from 7% to 0%. Then he was told he should have never been discharged for less than 30% negate he had surgery while on active duty.
Hello, I just got 100% P&T, I still have 3 claims awaiting for decisions, 1 still awaiting for P&C exam, 2 HLR. Should I go ahead with them or should I cancel the 2 HLR and the up coming P&C exam? Thank you.
I need your help
Hi! Give us a call at (888) 559-1385 for a free case evaluation, we may be able to help. Have a great day!
I’ve been 100% P&T since 08/2010, I’m 60 years old but need Aid and Attendance but afraid to “poke the bear” and have then open or look at my file in fear of having my 100% messed with
I can’t afford to take any chances
Am I safe with the 10 year and 55 year rule ?
what state are you in ? There are lots of programs available... and even through the VA.
I work for an agency that deals in care for Veterans only
speak to your social worker assigned to your primary care group
Thanks for the info😊
If you file a PACT act claim will they reevaluate your current ratings?
They are only supposed to reevaluate anything that the new claim can be tied to. So if you've only claimed PTSD and sleep apnea but now you're going to claim a torn rotator cuff you should be ok because it is not a secondary condition to the other two.
But to reduce a rating to the lowest percentage that a veteran had in the past 20 years? So the VA could drop you from a higher percentage to 10%?
Bless You!
Intresting.😅
OK ,IS IT TRUE.... If you are certified at 90% for 20 years . Then the VA increases your raring to 100%. The VA cannot reduce you rating below 90%.
Look here…some of us cannot keep up with all that crap…I rarely take big pharma meds bc it makes me worse…i have to it for some symptoms but I do as natural as possible meds way less side effects
What of you won a higher decision after 11 years in 2013 . Can you be reavaluation on spine hip and knees. However, I did not get rated. Tell 2024
👍💯