VA Disability 55 Year Old Rule
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- Опубликовано: 3 авг 2022
- Tune in to learn about the VA disability 55-year rule. VA reexamines veterans with disability ratings occasionally to determine if their conditions have improved, stayed the same, or worsened. Periodic future C&P exams, which happen every 2 to 5 years, can result in a higher or lower VA rating or one that stays the same. In some situations, VA will not conduct a reevaluation of a veteran’s condition. These ratings are known as “protected ratings.”
A protected rating, broadly, is any VA disability rating that cannot be reduced or revoked by VA in the future. Examples of protected ratings include the 55-year rule, the 10-year rule, and the 20-year continuous ratings rule.
Protected VA Ratings: cck-law.com/blog/protected-va...
VA Disability Rating Reexaminations and Reevaluations: cck-law.com/blog/va-disabilit...
Learn More About CCK Law: cck-law.com/why-hire-cck-for-...
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My dad was in the Navy. He passed away in 2019 from mesothelioma. He was denied his disability because he couldn't have surgery to extract the lung tissue to prove he had the mesothelioma, even though every other test and scan proved it was. The doctors stated that he would not have survived the surgery. His appeals were all denied. He was active in both the Korean and Vietnam Wars. They went to the local DAV where an idiotic woman told them that dad couldn't be considered a war veteran because his ' boots never touched soil'. My husband is retired military and we've had to fight for his benefits. I contacted the attorney that we had been appointed and she confirmed what I already knew. Dads boots never touched soil because they weren't supposed to. His duty station was aboard a ship. I took the info the attorney provided me to the same DAV office for the idiotic woman as proof. After dad passed, an autopsy (which we never wanted to have done, but knew was necessary for mom to get her benefits) did indeed confirm that the mesothelioma was the cause of his death. Mom received her benefits and a percentage of back pay. It would have been nice if dad was given what he deserved when he was still alive.
Any and all local DAVs are scam artist. They are idiots and know nothing about the VA Disability system. Never trust them period.
He was a blue water veteran. The rules changed in 2019, i believe.
My Father died from Mesothelioma & sued private companies got millions. You should hire an Attorney! Statue is 7 yrs to file.
What state are you in?
Any veteran that serves during war is a wartime veteran. There's a difference between combat veteran and War veteran. It's really hard to believe that a DAV VSO told them that. There must have been some crossed communication.
It would be nice if the VA weren't so concerned with taking benefits from Veterans and maybe concentrate on clearing the backlog of appeals cases on their dockets, over 6 yrs now and I've STILL got 15k+ ahead of me, now that would be a REAL benefit to Veterans!!!
Tell me about it. I had a 30 and 20 % removed that I've had for 12 years because they said it was an error but with no explanation. And then proceeds saying you can appeal but also stating that it's undebatable.
USAF SF, Few years back I found out the VA moved me from 60% to 70% service connected. Thing is at the time they did it 6 years ago and only paid me the 60% rate. Took 2 and half years to get them to pay at the 70% rate. In Oct 2020 they pulled me in for a C&P, by Nov 2020 they pushed me to 100% T&P and paid same month. How long did all of this take? Thirty years!!!
@@samuelschick8813 I would apply for any back pay you should have received
@@Korndog88, They paid the 100% back pay in July 2021.
But if your a man that wants to be a woman, or vice versa, it's all immediately taken care of! Counseling, hormone treatment, surgery, the works. I know this because my reserve unit was subjected to transgender sensitivity training. I asked but got no answer, why soldiers with real ailments like bad knees or back problems get the run-a-round for years, if they ever get treatment.
My dad had diabetes the whole second half of his 84 years on this earth, almost exactly 42 years. Slowly, diabetes took his sight in one eye, hearing on the same side and all kinds of nerve damage that the last 5 years of his life, took the bulk of his mobility, ability to walk. Not to mention several bouts of various cancers. His last months were spent in a nursing home, which the VA fought, but they come through and granted him 100 percent disability, 3 weeks before he died due to kidney failure. Career army, 2 tours in Vietnam, he deserved better!!
I’m 76 years old and I was diagnosed with prostate cancer on December 20 0f 2000 and I had to call my state Senator to get my cancer therapy transferred from the VA to a local cancer center and doctor. I won the battle against the VA! Yahoo ❤
I was diagnosed with PC in 2021 and I’m getting 100% but I’m not P&T. Are you getting 100% and P&T?
You have to wait ten years to become P & T.. I was cured once but my PC cMe back in 3 years.
I hope you’re doing better Tom. God Bless.
I was a veterans' counselor for 15 years. Let me give you a tip. Go to the local DAV or PVA to initialize your claims. These organizations are membership driven but they do NOT require membership for this process. (You could show your appreciation though.)
They are WELL trained. The individual that services you may not be the best but should be able to handle the details of submitting a claim in good form. When the road gets sticky, you may need an attorney but in most cases, these folks have folks at the local office for working a Hearing before Haring Officers, the Board Of Veteran Appeals, and the Court of Veteran Appeals who are qualified to support your claim at that level. If you are wrapped in a precedence-setting case, private attorneys may be your solution.
Protect your money.
Absolutely--the DAV performed incredibly processing my paperwork and guiding me through the compensation logistics. Now a DAV lifetime member!
The Army medically discharged me in 1990 for a knee injury that never quite healed after two surgeries. The military is much like that old Christmas show from my child hood about the broken toys. Santa threw them away and the Army did the same.
I decided to move back to the state I went to high school in instead of my state of enlistment, because to me it felt more like home. When I finally had my initial evaluation for my disability from VA, it literally took me longer to find a parking spot the day of the evaluation, than the actual evaluation. Needless to say, I was denied, I argued with the ____ in charge of the local VA office, while filing appeals for about a year, with certified letters to send them in. I was finally told they had not been received, and was told case closed.
Years later, I moved to Oregon for work. I was at the employment department because the job was not what it was advertised as, and ended up speaking to a Vet rep there, and got to talking about my disability after showing him my DD 214 (I forget the numbers in case thats wrong).
He ended up setting me up with an appointment with an Oregon VA rep, who looked at my certified letter receipts I had kept.
A few months later, I was finally awarded my permanant disability.
5 or 6 years later, I moved back to Illinois due to an ailing family member.
I attempted to contact VA because I had aggravated my knee, and was told it was a new injury.
I should have expected that since it is Illinois.
In 2020, I almost died, and once I was up and moving again, I contacted VA because some of the problem, I felt were directly linked to my original injury, and tried to schedule a new evaluation.
2023 no, and I have got so much run around and excuses, I have all but given up.
I should have ran for congress. Their job is much safer, and they get better benefits when they get out, with much better service.
Senators and Congress personal never had PT in the rain, snow, heat, Never volunteered to be a target, or stood guard duty in every form of foul weather.
Yet they get to vote on rules that help them and screw the service members.
Great video because it’s short, to the point and gives great details without the usual length. You may have just stumbled on the best way to get vets attention. Thank you.
It is true sometimes VA Dr's do not know all the disabity rules. I have applied Disabled Vereran plates. Because it is a mobility issue which is not connected to one of my six disabilities they won't sign off even the the state dmv says it does not have to be the result of disease or injury. They just don't care at Loma Linda VA in Calif.
I’m 54, turn 55 in 49 days. Filed my first claim 12-1-22. C&P exam 2 weeks ago. The clock is ticking. Tick Tock VA, tick tock
The VA should have as many as the IRS to look into cases for our veterans.
yup I got a feeling were all about to be screwed by the man...
Americans dont care. That is why we die
YUP VA & IRS should swap jobs
WTH! Who’s health is improving after 55? I get the cancer rating, but isn’t that non permanent anyway?
I am a 73 years old and ordered to take 4 C&P for the same service connected disability
Wow
Thank you very much for your time and posting.
@@chawanneburns8413 you keep posting the same question. What does that matter???
Your info is much needed and appreciated 🙏 thanks for spending time getting information to vets in need of help .I can't think of a cause more important than that. Pleiku 1971
Great information. Thank you!
Thank you, great information.
I did not know about the 55 year old disability ratings. I have a 50% disability rating. I have 40% for my wrist and 10% for my hip. They took bone from my left hip, to replace some bone in my right wrist. My right wrist is a half inch shorter than my left arm. I am now 56 years old. I have actually been thinking about going back to get re-evaluated. I am a computer scientist. However, lately when I am typing on the computer screen as I am doing right now, my wrist starts to hurt and I have to stop typing for a little while until the pain goes away. Sometimes it locks up on me. Unfortunately I am like a human barometer. I can tell when it is going to rain, or when the weather changes, as my wrist will really start to ache. I will try and move my wrist or fingers to a certain key and it won't move?! However, I have heard horror stories where people have gone in to get re-evaluated, and ended up getting a reduction in the service connected disability. Is it a good idea to go ahead and get re-evaluated after you are 55 years old?
Didn't really tell us what the 55 age rule was? You told us what it was not.
You will be amazed at comments put in your VA Medicals Notes. These notes are put in your record 3 days after every appointment . One example: I found a note that I did not have any ringing of the ears. I have a disability for Titinitus. These comment that they add are hard to get removed. They are malicious at best and are not accidental.
they are dirtbags like cops who frame people or write false police reports and teachers who send kids into a prison pipeline or mental health pipeline if they do not like the student. no one needs these people and veterans have to start demanding their removal.
Rebut that in MyHealthevet. Challenge the remarks.
What makes me mad is all the hoops we vets have to go through to get our benefits and we put our lives on the line for this Country, and at the same time hand out all kinds of freebies to illegals who shouldn't even be here!!! If you aren't outraged, you're not paying attention!!!
TEXASMUDNECK SAY
AMEN MY PROUTHER...
Jumping thru the hoops keeps cheaters out
I got individual unemployability and SSDI disability. The Army sexually assaulted me in 2003. It took 20 years to win everything. Seventy thousand dollars in back pay. got it all in October of 2022. my PTSD is really bad.
Thanks for all of the information!
Understand, they don't have you come back in for a reevaluation so they can provide greater benefits or to measure your quality of life. Most appointments are focused on discovery which can be utilized to minimize your benefits, regardless of what the actual appointment is for. Think I'm wrong, obtain a copy of your medical records and review the information.
I've been out for over 30 years, I have an issue I cited at most appointments over a period of 30 years. Recently, they decided to have a specialist review my stated issue. The matter was diagnosed in seconds, the doctor applied pressure in one area and my reaction was such he knew what was wrong, then followed up with scans to confirm and it's now being addressed... 30+ years of repeditive dialogue on a single matter, dismissed by no less than five Primary Care folks over the years? And, while it's a matter of constant pain, it's not life threatning, like many folks have to deal with in the same setting, same callous indifference.
you are exactly right, the VA is not your friend nor does it want to help you,it does only when it has too.
how can the u.s. government send trillions of dollars to other countries before they take care of the vets that make this country want it is. it is just madness. madness at its peak. crazy.
Pertinent information to know and need. Thank you 😊
I am a 71 year old Vietnam Vet. I filed my claim in August of 2015, for a non-military related head injury that was aggravated during my military service. I had asthma when I was inducted in 1969, I didn't know at the time I should have been rejected, they never requested a copy of my med. records from my family doctor! I had to get my asthma meds. from my family doctor via my mother! I developed PTSD from my active Army duty! I was recently granted on my PTSD but remanded for my asthma and TBI, I was told that would take about another year for professional exams.
I have had an allergy to aspirin that sets my asthma off, this problem started in 2012 when I was prescribed blood pressure meds. that the nurse new had aspirin and BETA Blockers in it as it is documented in my current medical records, now I've had to use a Nebulizer since then because it damaged my lungs for a prolonged period of use! However, I filed a written complaint against that nurse and received notice in the mail that she was terminated! I will continue this fight til' I win!
Many Thanks!
I'm fighting the VA now. Army Kosovo Era Veteran. My knee is fubar. It threw my back out so many times I had to have several surgeries. I have 3 Docs write letters saying they are 100% sure my knee injury messed up my back and is 100% aggravating my secondary injuries. The C&P exam took 10 minutes of him talking over me and of course I was denied twice. Now I'm on my third filing. This is unacceptable.
THANK YOU!
Good information
Very informative and factual with legal analysis...good job, and thank you!
I have yet to be "reevalauated". They just deny any requests for help. Period. I have been waiting for Othro for about a year. The team nursing staff jsut give mouth service. All they want to do is ensure we die off as soon as possible. They have their job, and they are doing it well. If the VA actually did what they were supposed to do, there would be minimal complaints.
Did you file a claim for an increase? That's the only thing that I know of that would prompt a re-evaluation. And if you've been waiting for Ortho for a year you need to be contacting your patient advocacy office as they are required to refer you to community care if they can't see you in a more timely manner.
I bet your claim is stuck since there are no dentist available who work VA cases. VES buried your file and you need to call them and tell them that you are willing to travel 2+ hours to a dentist who works veterans claims. This happened to me this year while waiting for TDIU. Had to travel an hour out of state for a 15 minute exam. My TDIU was denied btw and I'm 90%, waiting on a HLR to call and hopefully change that decision.
Thank you,
ive been on TDIU for over 10 yrs, im 54 now, ive never heard from the VA for an re evaluation, and never ever want to hear from them, too stressful. my suggestion, if you get TDIU, just leave it alone and quietly collect
But if they give you appointment for routine checkups. You better go
@@jimmieburnett8543 actaully no, if your TDIU, and your P and T, total and permanent, then you dont have to go to any checkups. I havent seen my primary care dr for yrs, but i do keep current w my shrink, for my meds, but thats all voluntary. If your talking checkups from the VA, no, havent heard from them in 10 plus yrs, never had any reevalations , but i also dont work either, you cannot work. Where are you getting your info? its wrong.
@@6955beniegn I am 63 TDIU P&T for 2 years now. What i mint was the metal health welfare occasional check ups.
@@jimmieburnett8543 but as you said, you are 63 yrs old, and P and T, and on IU, so in the 2 yrs that you have been on TDIU, have you ever gotten an appt. for a 'routine checkup'? I dont think you have because your P and T. There should be no futher checkups for you. They should leave you alone. UNLESS you start to work at a job, and earn money over the federal poverty level. Then you will hear from the VA, because you are working.
@@6955beniegn Once a year i go to physical at Primary care VA. And every few months i go to mental health review at VA . I recently due the appointment by phone now though due to the Covid thing.
Husband was in rifle company in Korea. VA said 10% so $163. His brother was in mailroom the whole time and lost hearing working in a railroad yard. He gets $1600. VA isn’t really looking at everything.
It's important to note that the requirement for re-examination is in the claim decision letter and is indeed case by case. If your service connected disabilities are static claims rated at T&P, they are less likely to be reviewed. However, non-static claims, even if rated T&P can be reviewed and even revoked depending on the outcome of the examination.
Don't see anything in my claim decision letter.
So, if I had a hard time walking due to cartilage worn out in my knees (Airborne, Infantry, Special Forces ( Green Beret)) = 10% rating for each knee, .then get total artificial knee replacements, for no more painful walking...does that kind of implanted device - credited mobility improvement constitute lower, or higher rating, or stay the same?
If you’re not older in age how do you know you have a protected rating
I was 55 when I got my original rating. Currently 56, I do not have any future exam dates, but could the unusual circumstances still apply?
God bless the vet!
What about if you are 55 or older at time of retirement?
I have a question concerning one of my disabilities that I receive Comp for: I have a back injury with radiculopathy in both legs, I had surgery done about 7 weeks ago adding screws and rods to my spine to increase the distance between my vertebrae's thus reducing the pinching of the nerves. Question is, can I submitted a request for re-evaluation Soley due to them adding hardware to my body?
I am Service Connected 50
And 💯 Parnament and Total 💯
If you request a presumptive disability for prostate cancer will they review all your current disabilities? I’m 59 and my other disabilities have been in place for over 10 years now. Thank you?
Yes; they will.
You are so right that's how they been doing me yes they will review the other one too
I'm 65 been getting benefits for the last 13 years. But, I just got a letter last week dated back from 2019 for proposal to decrease my rating by 10%. I currently have a 70% rating and Im TDIU... "Unemployable" . In the letter they claim my condition has improved>> WHAT? I haven't had a C&P exam within that time frame. How did they come to this conclusion. Im currently under care from the VA including physical therapy and just last week was told by the PT people that my condition hasnt gotten any better. They issued me a walker/wheelchair 2 weeks ago. Guess its time to get an Attorney, Again !
Thanks for the informative video.
If a person is diagnosed with a disability AFTER they turned 55 and they are rated at 70%.....Are they exempted from future re-evaluations? I see so many channels on youtube which have conflicting information. It is very hard to know what is right or wrong. Thanks.
Unless your condition says static, meaning the VA does not expect you to improve, you will be re-examined. Just be sure to complain about any residuals that you have from the initial problem
I'm at 100% rating with the VA and have been for just over 20 years. I'm 65 in a few months. I get ALL my medical care from the local VA, ALL my dental needs from the local VA, and ALL my perscriptions from the local VA. When the VA can't see me for any reasons, they issue me a statement that allows me to go to the civilian community for care. If the community care doctor issues a perscription for any medications, I have it filled by the local VA. Please tell me if I have to sign up for Medicare? What will it provide that I'm not getting currently? It seems to me that if I sign up for Medcare, I'll have to pay hundreds of dollars a month for the same care I'm receiving now? Will my level of care increase? How can it? I get everything I need now. Will it assist my wife who is ten years my junior? I don't get it. Please explain slowly... Thank you.
Is a Total and Permanent rating the same as a Protected rating?
I've had two cardiac ablations and have a defibrillator implanted. I'm scheduled to have open heart surgery this June. I'm 80% but because of my heart condition I'm at 100% for unemployable. Should I try to go to permanent 100%. Would I be reevaluated? I did Iraq 2003 for an year, first wave.
Im about ready to file a SF 95. My knee got a LOT worse, and requires a knee replacement but learned that the VA won't until I am age 65. Do you honestly trust a doctor for surgery at that age? I don't!
they will not do knee replacements but want veterans to practice 15th century mysticism to deal with pain. no one needs these people they are a waste of taxpayer money.
I'm 54 and rated 100% P&T for PTSD. Since I'm P&T I'm told that I do not have to do any more C&P exams BUT I've also heard that the VA doesn't follow their own rules and might call me in for one anyways.
As long as you don't file for an increase or even file for special monthly compensation (SME), you won't be scheduled for another C&P exam unless the VA suspects fraud. Keep seeking continuous treatment to keep that paper trail going an don't file anything more and youll be fine.
@@SgtWill A study done a few years ago showed that the VA had called in a number of 100% P&T vets for C&P exams for no reason at all. The advice given was to contact the VA immediately and let them know you are P&T. If they still insist then you have to go to it
@@ProjecthuntanFish I mean anything can happen sure, thats why I said make sure you are constantly seeking care and keeping that paper trail alive and well. I too, am 100 percent P&T as well as medially retired.
Forget the 55 rule. Even if you have been p&t for 20 plus, go at least once a year somewhere. The other Vet was right about calling after 20 years. It’s the VA and they can do what they want however 20 years P&T does make it harder for them. The ten year rule helps their as they need two bad C&Ps. It’s their house and their rules. As if Veterans don’t have enough problems and also use a good Lawyer!😊
@@jacw547 I get treated at the VA 2 or 3 times a month so my paper trail is extensive. I plan on continuing until I die.
My question to you, if I have a Wilful misconduct and a honorable discharge, I can never receive a service-connected disability? The VA has allowed changes for vets during WW11. At first they legally purchased tobacco at local PX’s those who got cancer from cigarettes were blocked from receiving any service connected disability, so they were given Wilfull misconducts that did not even help the families survive. Years later things changed plus they changed things for Gay,lesbian, etc., when will they make changes again? I know you don’t know but the Wilful misconduct was not my fault. At that time we didn’t pay any attention to those things, is there any chance? Thank you
The VA just reduced my rating for hypertension from 20% to 10%. I had 20% rating for over 5 years and the 10% rating for over 40 years for hypertension. I can't understand how the VA can reduce a protected rating. Any input you can give me on the above mentioned matter, would be greatly appreciated.
Did you recently submit another VA claim prior to this reduction notification and are you still taking hypertension medications?
Still taking medication, but blood pressure is not controlled and there is no sustained Improvement
I also have six other claims pending at the bva since 2019
I am originally from New York City
@@danielgoldberg9757 Craig has said if you have a permanent rating and then apply for additional disability it opens the door for them to reevaluate you
BS, I retired from the Army in 1981. The VA told me I had arthritis of the spine, so I asked what type. I was told not osteo or rhumatoid. So, I asked to be tested for another type. And in nine trips to be tested, I was told nine times that I did not have osteo or rhumatoid arthritis. And last I ever heard from the VA.
I'm scared to go to the VA anymore they have switched most of my doctors and I think they came right from the railroad and you know how those railroad doctors used to be
Are you insane? I used to work on the railroad. Those docs primarily focus on fitness to do your job. They have no agenda.
@@anthonygreene562 maybe now but not 30 years ago 40 years ago and those are the doctors are remembered and those are the ones I see at the VA
I am 58 years old I have type 2 diabetes. If my diabetes improves and I no longer have to take medication can the VA reduce my rating?
You might want to explain that if the veteran has a DISEASE ie; Meniere's with Vertigo. there is no cure and the Va cannot decrease your 100% rating. Don't let any one tell you anything different. IF THERE IS NO CURE THEY CANNOT TOUCH YOU........
@@chawanneburn5996 America!!!
@@chawanneburn5996 Oklahoma
Who are you? You are asking everybody the same question.
Both of those are red flags to mefloquine and Larium toxicity.
You must mean P&T
I would like to know , why this Law Firm don’t talk.About, why the VA issue the C-PAP and it has.Effective the Veterans, with Cancer. Because, I am still waiting for some answers.
Do you work cases In Illinois ? I am having a very hard time getting help, I have multiple concussions that make it hard for me to read or look at a computer. Thank you either way if you can help me. I injured my back in he military, got discharged early but never received any money.
I have 1 rating for 30%, 1 for 20%, 4 for 10%, 3 for 0%. I was at 70%. Went online Saturday and saw I'm now 60%, is this right?
If you are already 100% P and T, does this rule apply?
Never tell them you are improving at your yearly appointment. Also watch for loaded questions like "how are you" always answer with I'm the same or worse. Never answer I'm good thinking it is just a greeting. This happened to a fellow Vet and he got a reduction from it and he was 100% T&P.
They just shut the doors on me! Quit filling my prescriptions! I have not had appointment with a practicing physician! I am without meds for three months now! Someone told me that they had to give me a letter saying that they are not going to see me anymore! I called them and they want even take my calls! I am now without any medication or insurance coverage to see a doctor!
Get to your Congressmens office and tell him, God Bless you
Ellis Clinic in Oklahoma City will help you.
Does this apply to service connected ailments only. My father was an Atomic Veteran and went to ground zero one hour after the blast. Of my siblings, including me, 5 of 6 are either dead (2, both complications at birth), have incurable diseases (3, lewy body dementia. rumathoid arthritis and spinal cerebellar ataxia. Only one of us is healthy. Is there a possible way forward?
Applies to service connected, if you didn't have the ailment prior to service and can prove that the ailment is directly related to military-assigned duty. Also, might apply to service connected, if you already had the ailment, but substantially worsened during military-assigned duty.
I too am an Atomic Vet. Went into ground zero 15 minuets after the blast. Contracted bladder cancer and received 100% disability. Fortunately, thus far after 5 year I'm still alive. The VA does not tell you that you that this is a presumed compensable disease, you have to find that out for yourself. Your dad and I probably were at the same site where this was contracted. God bless.
@@garlandetheridge9902 My father was at the Charlie Shot of Tumbler-Snapper on 22 April 1952. It was the first nationally televised event ever and was featured in the 5 May edition of Life Magazine. I have the letter he wrote to my mother about it. Because it was public, all the soldiers were encouraged to write and talk about it. One of the objectives was to convince the GI's and the public it was safe. For some reason, they failed to meet the objective. Go figure!
@@buggyapp I was in a couple of shots at Nevada Test Site in 1957 and was exposed. I fathered 3 sons after that time and fortunately they are all healthy. There was nothing SAFE about this experiment. Sorry for your loss. Thanks for reaching out.
think of all the deformed babies born in iraq and what crime did they commit?
can i increase ive got 10% for 2 years i filed 2 years ago cause i started smoking when i was 17 we got free smokes in the army now i got hook and have cancer they been looking at my file for 2/12 years they keep saying there still looking at it but will nerver get back to me should i give up dont have much time any way
Do you represent veterans by assisting in increasing veterans' ratings? I am 90% but need to continue to work. Thank you.
Is this new or does it apply for 100% rated 2 to 3 years ago? I have been getting benefits for more than 14 years but just got my 100% 3 years ago.
Your ratings code sheet you should have received when you got your increase should reflect if you are subject to any future exams. There's a box under "Legacy Codes" that says "Future Exam Dates". Mine says "none". If you didn't get it for some reason contact your VSO or whoever helped you with your claim and ask them for it.
If you are rated at 100% P/T there is very little chance of being re-examined unless the VA is aware (somehow) of certain activities you have engaged in that you should not be able to do due to the condition you are rated at 100% PT.
@@pukavoket j😅
I was rated in september 1999, the only time I had a re-eval was when I filed for increases, once in 2017, and once in 2023, otherwise the VA pretty much left me alone.
Oh man..I just turn 55. Just finished getting va benefit exam. Again
When was the last time the VA voluntarily raised someone's rating after an evaluation?
I had that happen to me, I was at an overall rating of 50% for back injury and a couple of other issues, was called in for a random evaluation and my overall rating was increased to 70%, so it does happen.
@@madman671000 Amazing. They must have thought your injury could be healed. Glad to know you didn't have to hire a lawyer.
Hi,Thanks for the info, And my question is this, I am over 55 and have a Service connection of 100% for one P&T rating, I have been rated again on a different disability and that to is @ 100% rating, Am I also entitled to the pay rated as the first 100% rating, Thanks.
If you mean can you get paid twice for 100 percent then no, but it sounds like you qualify for SMC.
well, maybe there is somebody out there that will provide info on the 55 year rule - i'm halfway thru and you didn't
Gary S Larkin. Idid a short tour in the Republic of Vietnam From April 12 to August 15 1970 And I was a crew member door-gunner on UH1C gunship, was hit by A Ak47 foot and legs. I have since then I was diagnosed
Parkinson’s disease I flew in Cambodia 3and4 corp area of operations and had agent orange dust all over my bird I had a problem with the VA at first’s however they have really bent over backwards to provide me with the care I so greatly needed. Dole VA hospital has got their stuff together. as for compensation beings cut we
Need to clean house of a load of politicians .
If you are Protected if you’re over 55 and you can be reevaluated then you were never protected. Makes since to me.
Protected generally means if you have had a rating for 20+ years.
I'm protected for being permanent and total?
must have got a good exam, count your blessings.
@@ph4ntomsoldier it took me 26 years after ETS to be properly rated for my in-service injuries...God is good.
@@anthonygreene562 I have ptsd from combat TBI tinnitus back issues and migraines still at 90% and denied for TDIU. I have had awful examiners.
@@ph4ntomsoldier did you try throwing in something with a bilateral rating. Like the time you went on sick call for flat feet and had to have inserts created for your boots? That's a good 50% bump, if you have the medical diagnosis in your prior service medical records.
@@anthonygreene562 I really didn't go to sick call much since being infantry it was frowned upon. Im heavily preparing for my HLR phone call and have all of my notes typed out in order to dispute their reasoning of "may be able to work a less stressful job". If that doesn't work I'll keep trying to buddy statements. If that doesn't work I'll appeal and request support from my congressman and if that doesnt work ill keep appealing and get a lawyer in a few years.
Nay at ~40 I asked to Please be not 100% disabled by the VA (USA). was rated 100%, as whom would ask not to... I was an electronic Eng. (communications) Doctors said who would give-up the free money? I made 3x the same money working but had a problem with authority,
The 55 rule lets me out because I was 65 before I even applied for Benefits,
Do you directly or indirectly represent the VA or are you totally independent?
Hello, we are a law firm that helps veterans and their families after their VA claim has been denied. We are a totally separate private entity from VA. Thanks for contacting us
@@CCK_Law Nice. I'm about to be denied as that seems to be what they do when they are not trying to talk US out of filing in the first place.
I heard there is a deadline for the pack act, Aug 9 for submitting a completed claim? Should I go ahead and submit it even though I don't yet have a descent nexus letter?
377 billion a year for vets where is the money !
My 5 year is Oct 2024, but at that time I will be 56
Is the idea to shift Veterans to Social Security and Medicare, which are already broke?
I was rated at 20% (10% each) for both my knees in 2014. The VA doctors said my knees have developed osteoarthritis caused by the injury I sustained while on duty. I have not been asked or received any follow up checks or treatments and my knees have gotten worse. During my yearly checkups, if I bring it up, they refuse to discuss my knees and just simply ignore it. I guess I will just have to file a new claim.
You do need to file a new claim. Also, if your knees, being bad, has changed the way you walk and caused hip/back pain as mine did, that will also need to be a new claim as a secondary connection disability. I have now had to have both knees replaced and a lower back fusion with rods and screws. I claimed my back as connected to my knees rating. If all this causes you radiating pain and/or headaches, that can be a secondary claim. If you have these items, complain every time you go to the docs and make sure they put it into your charts. Then you can download all of it as evidence.
I waited 3 years, back then they just didn’t tax a percent of our retirement.
Case by Case... Unusual Circumstances.. Raise your right hand and repeat after me.. March into VA Medical no more than 2x per year..or else you become an unusually expensive circumstance. 2 case by case's per year.. VA can do whatever they want with us.. Experimental healthcare
I'm 56, and haven't been re-rated since I exiting the AF in 1997. How can I apply to get re-rated for all of the conditions I have now?
There's no automatic "re-rating". You have to apply for a medical injury that you obtained while on active duty. This will get them to review your service records and possibly trigger a compensation exam.
You can always go, anytime, to a VSO or VA certified representative and have them add new items to a claim. The goal is to have a diagnosis and nexus to your conditions before you do it as a claim with no background or proof will likely get denied and you’ve wasted your time.
@@anthonygreene562 And they will tell you they can't find those records. They told me the "fire" destroyed mine. My records were sent to then AFTER the "fire".
If the burden of proof that your disability is not due to your service was on them, I bet they would find those records.
Question; If Im 100% and over 55 and I HIT THE LOTTERY for 1 Million Dollars / HAVE A HIT SONG ETC or CREATE A MILLION DOLLAR Computer Program, will it affect the Payment of My 100% VA Disability?...
Close, the bar is $500k. Just kidding. Nobody at the VA cares what you make when it comes to compensation unless you are IU.
But if your a man that wants to be a woman, or vice versa, it's all immediately taken care of! Counseling, hormone treatment, surgery, the works. I know this because my reserve unit was subjected to transgender sensitivity training. I asked but got no answer, why soldiers with real ailments like bad knees or back problems get the run-a-round for years, if they ever get treatment.
The V.A. mission statement; DELAY, DENY, UNTIL THE VETERANS DIE.
What is the 55 year old rule...you did not tell us?
Look it up yourself you lazy fuck
@Johnny White I deleted my harsh comment since I am saying my rosary. I find it difficult not to wish you complete ill will which is not good because God listens to me , but this is my burden
Guy down street got 100 0c right of 5hw bat great attorney
Sorry pd has me shaking tonight lot of scammers around neighbor got 100pc first go round for back issues he built a whole garage and did foundation alone it took me 10 years to geteds for my shaking and back injury was told my records burnt 8n a fire 63 to 69 reg army VN at 77 I gave up have a co pay w ss I am barley getting buy also do not remember a mention of co pay 2 times I took the oath 🇺🇲🇺🇲🪖👍🤕🤕
Not applicable. Just turned 54.
0
1ST: VA DOES NOT CREATE/MAKE 'LAW' ... CONGRESS MAKES LAW
Too bad the older Vets who were victimized by VA practices can't band together. I suppose that explains why their is a federal code of regulations provision for fining anyone distributing information at a VA facility.
The VA is an embarrassment to our veterans. It's the lucky few that get any help from that pathetic agency. And many people don't know spending 25 years and retiring from the Air guard even though you spent everyday working on a base doesn't get you any VA benefits. You must be deployed to another country. It's really not right.
Actually, you could be Title 10 (Active duty) and serve full on CONUS and still qualify for VA.
Here's an Idea, Flat Income Tax rating for businesses and people of 20%...no exceptions, (except below poverty line, and retirement pensions), no married filing jointly, no head of household, no deductions, no depreciations, no travel, or energy star purchases, or charity deductions, no loopholes...just pay your 20%.
Less loopholes, less paper work, less IRS agents needed for audits and processing tax returns to pay, Simple, easy, fair...
Then use the no longer needed IRS agents, to take care of Veteran's cases backlog!!!
If you cant stay on topic, piss off.
The VA should not be handing out disability pay for every little thing under the sun.
Hip surgery
VA sucks. Stopped going to them. Employees really blow. San Diego VA !!!
This is what happens when petty beaucrats get into anything. VA is overun with them.
Never heard of a VA rexamination, don't know any Veteran that had one, no clue what you are talking about.
I've heard of it and especially if you're going for a higher rating and not have permanently and totally disability happened to one of my soldier
Because they really don't know what it like to be a veteran most of the people are collecting the payment for you to go to the exam
Depends on the condition. Some have mandated future examinations. Most do not. If you put in for an increase that will drive a new exam with a potential of a decrease depending on the outcome.
Republicans voted yesterday to cut VA spending. So much for "Thanks for your service."