😡Don't let the VA claim process stress you out! 😀Schedule your free 15-minute consultation on our 🖥 website : www.kmd89.com/ 📚"Don't be frustrated, get EDUCATED
Hey Mr Kimble, I filed for increase back in April for skin cancer claim ( which came back SC but at 0% with my initial claim back in 2013 because I didn't go to c&p exam and forgot to reschedule). My question is: I'm currently at 80% combined rating (70 major depression\anxiety, 10 right knee, 10 left wrist). I've had this combined rating for 10+ years and my 3 disabilities are listed as 'static' on my rating code sheet....can they reduce my mental health 70% rating during my c&p exam for skin cancer if I didn't file a claim for depression increase and I haven't been seeking regular treatment ? And can they reduce without a re-evaluation by certified mental health Dr and not just a contracted NP (nurse practitioner)? Your thoughts would be appreciated?
I already had my c&p exam and I'm worried that they will reduce me for lack of treatment...it was a civilian contracted exam and it only lasted about 20 mins....she didn't mention anything about my mental health so I was just wondering if they can reduce just by observation of my actions during the interview...she did ask questions about my skin cancer history and then broke out a ruler and measured all 6 of my skin cancer scars.
I would be relieved to find out if they have to at least schedule me for a re-evaluation before they can do a reduction of my combined rating.....your comments would be appreciated greatly Mr Kimble.
@@iamshan920 That’s tragic, however I am so glad to hear the outcome. The anxiety it can bring is daunting to tackle even when P&T they can take it from you. However I’ve lessened my worry. If they do I’ll continue to fight. However you can’t be in fear of the VA and let them run your life.
You definitely have plenty VA claims and appeals and tons of their regulations instilled in you. That video was 100% spot on. Thank you very much for posting it. Combat Engineer Ready!
More very good information. Wow!! This stuff can get complex. It's no wonder most Veterans are frustrated. And alot just give up. I'm struggling through it. And have been gaining experience. But I still have alot to learn. Your definitely right. Every claim is different. Mine have been similar to others I've heard of. But mine and there's turned out differently. And I've done most of mine with an old copy of my claims file. I'm still waiting on a updated copy. About 6 months now. Thanks for all you do.
Just have your documentation in order. Once you get your rating, it is up to the v.a. to prove that your condition has gotten better. If the v.a. cannot prove that your condition has gotten better, they cannot reduce you. If they try to reduce you request a hearing so that you can provide medical proof and lay evidence that supports your level of compensation. If after your hearing in which you have provided all the necessary documentation proving your level of compensation is accurate, and the v.a. still reduces you hire a lawyer that specializes in v.a. compensation. It's a shame that as veteran's we have to fight against the same government we signed up to fight for. Fight for yourself don't let the v.a. take away your rightful benefits to line the pockets of foreign governments and the rich.
Bs the va reduced mine from what was 100 down to 95 when they combined ptsd with traumatic brain injury then to 90 for no reasons and on to 10 percent all without ever having a reason and allegedly they sent notification but I'm an expat living abroad and family claim to have never recieved anything.. also they give my estranged wife half of my checks
Thank You for your useful information. How do you suggest dealing with VBA denials citing rationale based on gastro symptoms “diagnosed before primary PTSD diagnosis?” Nam vets and others deal with PTSD being recognized in the DSM in 1980 therefore this “rationale” is used to deny many of us… even thought the primary PTSD recognizes Nam as a “qualified event.”
Most veterans forget that treatment not only includes doctor visits but also includes the continued use of medication and devices in reference to your service connected conditions. Going back and forth to the doctor isn’t a true safeguard for reductions. If a VA doctor during a visit documents improved objective symptoms then that could be used as evidence in support of a reduction by the VA.
Once I have had a doctor's appointment and seen the doctor I wait about two weeks and get a copy of the transcript. I caught my Pain Doctor lying in the transcript. He said I refused a eperdermal shot , but he said that I didn't require one. He them said no heavy lifting , which he did not document he did mention that I need to excercise to strengthen my back muscles. I went critical mass and typed a memo to the Director of Veterans Hospital and cc'd it to the DAV and the V A REGIONAL DIRECTOR . Needless to say I brought the heat down. I received a phone call from call from the Director of the V A Hospital and then a phone call from the Pain Doctor apologizing for the mistake. They found out real quick that they pissed off the wrong person. I told the Assistant Regional Director of the V A that all future documents will be submitted to the Senate and House Chairman of Veterans Affairs Committees and the Director of the Veterans Affairs. He replied that there should be no other problems. By the way I did win my appeals.
Mr. Kimble, thanks for all the VA claims information. I was at a rating of 60% for two conditions and in 2014 reduced to 30%. Now I've been diagnosed for another VA disability but I'm scared to turn it in b/c it may reduce the 30% I'm receiving now. I'll be 55yrs old Nov 25, 2021. I'm also receiving treatment for this new disability since Feb 2021. Not sure if I should wait until Dec or to turn in before my birthday. First time I've seen your videos and they're giving me so much needed info. Thanks a lot for all you do for us vets.
Your welcome. Every veteran should be educated on their claim as every claim is different. When your educated on what you are doing with your claim and how the VA claims process can impact it. You will find the answers to those questions. It's hard to answer without looking at a rating decision, code sheet, an C & P exams.
Hey Dwayne, could you please possible do a video on 100% PT not through TDIU but scheduler? In terms of reductions specifically. Since no future examinations are scheduled, if you don’t file further claims, can you be reduced. I know there is a million scenarios for this. Just wanna be educated on this.
I have a video on what options the VA gives you if they reduce you but that would be an extremely long video. You can schedule a Q & A and we can walk you though it.
Dewayne, love the show. A lot of great information. My wife was discharged from the military in 1995. She didn't get a VA physical. Can she now request to take a physical and her medical record screened?
Thank you. I've done a series of videos on the different steps of the VA claims process. Those are located on my RUclips channel, if you can't find them, let me know.
There is no time frame for you to get a disability physical . I helped my brother in law a Nam Vet and finally talked him into getting a disability physical , he came out with 100 percent.
So just to be clear, it isn’t true that they can stop paying me if I don’t continue appointments? I feel like I’ve seen it on my decision letters every time I got one or an updated one. Saying something like like were required to check in with them and go to scheduled appointments
If you cannot work , And on ssdi because of your service connected issues ... I would say you have a great claim for TDIU P&T . Good luck man . This was my case ... Now on TDIU P&T
Hey, Dewayne, I am glad to hear that you received your C-File because the National Personnel Records Center (NPRC), St Louis, MO has temporarily closed down. "Regina Chalkley, Constituent Services Representative, Congressman Austin Scott, 8th Congressional District of Georgia states the following: “During a conference call on Tuesday for VA Congressional Teams they are shut completely down as of December 1. They were operating with limited staffing (supervisors only) which is why it is taking so long to get records of any kind.” My suggestion: If I was waiting for my C-File, I woukd my claims anyway for your military and post-military disabled conditions, appeal if I get denied and appeal again if I get denied. Hopefully, I will have my C-File before the second appeal expires.
That's good to know and thanks for sharing. The second DC came quick after the request was sent directly to the RACC for sensitive 7. I waited 11 months. I had it all on paper but wanted the CD. Most veterans do not have a copy of their claims file and don't request it before doing an appeal.
I received my decision letter today stating the VA made a mistake in giving me 50% just to turn back around and decrease it back to 30% and I can’t request a higher review! If it wasn’t for the decision letter I would’ve never known!
Question about the 20 year rule. If I was medically discharged with a service connected rating, then say 15 years later had it upgraded to the 100% PTUI... does the 20 years for that upgraded rating date start from that date of upgrade in rating or the orginal discharge date? Sorry if this is a confusing question, I just can't seem to find the answer. Thanks for all you do helping our amazing veterans.
Luckily I had a very good VA Doctor that recognized that I should have been medically discharged during my Med board when I was in service and returned to duty right before I ETS'ing. She looked at my entire history and pushed hard for me to get my P and T way sooner than most Veterans get put into P and T.
What if you're 100% P&T for mental health and you stop taking medication and stop going to appointments because you treat yourself naturally? Can they reduce you?
@@DewayneKimble so can I just cancel my future appointments or just tell my psychiatrist I don't won't anymore appointments? because I'm getting tired of the appointments
Dewayne Kimble, is it true that when you hit 65 and are eligible for Social Security the V.A. can remove you from TDIU? If so, would this also apply to TDIU with Permanent and Total? Please if you can answer these questions, it would help me and a lot of American Veterans in the future.
@@DewayneKimble I suppose it didn’t pass but In December 2018, CBO published a report recommending that VA stop all TDIU benefits to veterans age 67 or older, as this is the full retirement age for Social Security. My apologies as perhaps it’s been in the works and hasn’t been implemented. Do you believe it may pass or has this been thrown out entirely? I can’t seem to find the findings of the Veterans’ Disability Benefits Commission (VDBC) regarding this issue.
If you go to the va for treatment will they reduce you when your trying to get treated? I enrolled to a ptsd program and the therapist is trying to see what diagnostic code I am for benefits. Is that for the program or my benefits? Because I am already service connected for 8 years now. And am also 100 percent p&t should I be concerned.
Treatment is on the VHA side, rating are done on the VBA side. They are separate from each other. Remember, every claim is different and depending on what you do on the VBA side my cause them to look on the VHA side.
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?
@@DewayneKimble I see the VA Psychiatrist and they noted improvement in the VA notes, I do know the criteria and it seems like it is closer to 50%. It is static, just worried the VA will see this and schedule a re-evaluation.
Great info Dewayne! I've been trying to submit my new claim online through va.gov, and it keeps giving me an error message to call them. Would the VA rep be able to hit submit on the claim over the phone? I've uploaded everything I have onto the applicaiton.
For those who are 100% P&T, doesn't mean you are protected from rating reduction. However, if you are 100% P&T, look at your decision letter. If it states something like " unlikely that your service connected disabilities are likely to improve in the future" , "No future examines are required." - If this veteran decides to poke the bear in the future for whatever reason, then yes the VA is going to open your file and you may get reduced, regardless what it states.
As a RVSR, I never went back at the veterans entire file if they were 100 P & T. As the retired 35 year plus VA master trainer explained in the video. Thanks for sharing.
I have a question about a static rating. I filed first time for PTSD and was awarded 70%. I looked at my rating code sheet and noticed that that rating is static. Can you explain what static means? Thank you sir 🇺🇸🇺🇸
Do you have any advice or videos that help us protect our 100% how can we apply for P&T or is that even possible. I heard it’s age but I have friend same age as me he has P&T at 43. Thx I’m advance
As a previous RVSR/Rater, I never granted chapter35 (aka P & T) due to age. If you go to my channel and do a search for a topic you are looking for, it will come up (protection).
What if I was awarded combined 100% p and t and now am scheduled for a c and p exam that I put in a claim for BEFORE I was awarded said combined 100% p and t, can I be reduced based on those exams?
It depends on what you claimed (increase secondary), if an increase, how long it has been service-connected. There are alot of things that could, could come into play. Every claim is different.
How’d the exam go brother? I’m in the same boat. It’s re eval for psych I never opened a new claim. A bit confused due to being told p&t has no further examinations
Just educating veterans BLUE. I will be posting a chapter event for veterans and families. Give me a call so I can share with fellow BLUE and WHITE. Thanks
My situation is100% combat PTSD diagnosed 20 years ago they said i was incompetent not able to handle my finances I feel I can handle my finances now if they declared me competent to handle my finances can they lower my rating
@GodSon so you don't think the va will schedule me another c&p to lower my rating if im 100%p&t for PTSD not much trust in the va my field examiner says he can do it but don't trust him either
@Justin Gonzalez 38 cfr go to goggle and type in 38 cfr and your disability you are filing on it will give you the percentages for your condition that the va has to follow it will help you on your c and p exam
CD? Do I have to request a CD or is it supposed to be sent to me? I retired in June 2018. I definitely don't know the process. This is all I know: I handed over my medical records, approx 6 months before leaving service, to the DAV and they submitted a claim on my behalf. One month after retirement, I started to get VA disability pay. I was found 100% service connected. ---------- Now, today, out of nowhere, I received a letter in the mail saying that they have changed my status to P&T. I don't know why. I haven't submitted anything to the VA. I just know that my records were reviewed and status changed.
What about veterans 55 years old and depressive disorder?? I'm still getting medication without any signs of improvement and my doctor wrote a nexus letter explaining that my condition isn't getting better and keeps getting worse. I just filed for an increase. Thats my situation
My husband is a veteran and is rated 100% permanent and total from when we initially filed last year(2020). Will the VA still reduce his rate or evaluate him again. I'm currently working part time and thinking of retiring to settle in our motherland overseas, because he is homebound and need more of my assistance. Out there I can have extra help from family members and cost of living should be more affordable for us. I' m just concerned of the back and forth travel if we're required to do so with the VA and also worried how that would work if we're in a different country.
It will depend on how many years the % has been in effect as I mentioned in the video. Also, check the caregiver program with your local VA medical center, I talked about it in the last 2 live streams.
@@DewayneKimble the disability just took effect this year, but my husband has been in this state since 2016. We actively still get care from the VA. Im just trying to exhaust all assistance available to keep everything at home in tact... And that is why I'm concerned if there's a chance they could still reduce our benefits.
Question, does the 5 year start at the original connection? Or time of increase? Had a SC since February 2017, and in May 2021 got an increase. Did the time start over at time of increase to may 2021? Or in one year time will my increase be more protected because the disability got worse over time?
Mr. Kimble, A question concerning my VA percent rating. I'm now 72 and have a 90% disability rating. This is based on three conditions. PTSD, Diabetes, and Hearing Loss, all due to my infantry service in VietNam. All were verified by the VA. I now have a chronic case of Tinnitus, service-connected, also VietNam. The VA verified this conditions and allowed me a 10% disability for this. Since I had a 90% disability before the 10% was awarded shouldn't I now have a 100% disability rating? 90% + 10%. All of my medical needs are serviced and certified thru the VA since 2004 when the VA accepted my enrollment. I have a County Veterans Assistance office. Your advice will be greatly appreciated.
I'm 100% p&t, I go to my regular primary appts, am I good to go or do I need to keep setting appts for legs and back which is what my rating is for, thank u
Hey brother it's miguel from Florida can you make a video about the va self employment program and the selfstastmen program for 100% total and permanent
@@DewayneKimble Personally I think it was the fact I was in the Reserves during that time getting the SCD. I did get letter from VA to pay the difference from 40% and the drill pay. They never mentioned about reducing. It happened 3x and filed for 4 separate CUEs but got denied twice.
I have been rated at 80% TDIU permanent and Total for 19 years 8 months Had a brain injury with skull fracture was struck with an ax during a robbery so good luck saying that’s fraud
@@DewayneKimble I still have the hospital report, The incident report , the paperwork stating my TDIU permanent and Total date which is 7-26-2002 . No I don’t trust these people when I was clueless they had me at 30% when I first got out than they reduced me to 10% this is back in 1990 than it took 15 years to get to where I’m at . A psychologist at the VA PTSD clinic told me I was shafted and he helped me out . I have tinnitus at 10% facial paralysis at 10% Vertigo at 30% Seizure disorder at 20% and PTSD at 50% . Dr tried to get at 100% pTSD at first but I told him I still wanted to work I should have took that offer back than but oh well. I tell how this went 6 weeks before my ETS date I was in a car it breaks down 1 mile from the base so a friend and I had to walk back to the base than all remembered is waking up in the Hospital that’s when my friend said these hippies with an ax hit you and took your wallet he said they went after him and he ran. I spent 4 to 5 weeks in the hospital where I had to learn how to walk and talk again my face was paralyzed I had no balance but since it’s my ETS date the Army clears orders a Solider to drive my car and I back to California from Ft Bliss Texas to drop me off a DAV Officer told me I was supposed to go through a therapy than retired with my rank but no I was just dropped off like a newspaper, This is why the Psychologist said I was shafted . My hospital diagnosed me with hearing loss tinnitus facial paralysis vertigo and a right temporal bone fracture and it stated these conditions are permanent, strange the VA didn’t give me vertigo from the beginning. Since it was on the hospital report
too many veterans want compensation to a disability but dont want to get treated. i think those veterans arent as disabled as they claim. everyone with a real disability would go through treatment and have their condition highly documented.
😡Don't let the VA claim process stress you out!
😀Schedule your free 15-minute consultation on our 🖥 website : www.kmd89.com/
📚"Don't be frustrated, get EDUCATED
Hey Mr Kimble, I filed for increase back in April for skin cancer claim ( which came back SC but at 0% with my initial claim back in 2013 because I didn't go to c&p exam and forgot to reschedule). My question is: I'm currently at 80% combined rating (70 major depression\anxiety, 10 right knee, 10 left wrist). I've had this combined rating for 10+ years and my 3 disabilities are listed as 'static' on my rating code sheet....can they reduce my mental health 70% rating during my c&p exam for skin cancer if I didn't file a claim for depression increase and I haven't been seeking regular treatment ? And can they reduce without a re-evaluation by certified mental health Dr and not just a contracted NP (nurse practitioner)? Your thoughts would be appreciated?
I already had my c&p exam and I'm worried that they will reduce me for lack of treatment...it was a civilian contracted exam and it only lasted about 20 mins....she didn't mention anything about my mental health so I was just wondering if they can reduce just by observation of my actions during the interview...she did ask questions about my skin cancer history and then broke out a ruler and measured all 6 of my skin cancer scars.
I would be relieved to find out if they have to at least schedule me for a re-evaluation before they can do a reduction of my combined rating.....your comments would be appreciated greatly Mr Kimble.
I was reduced. I submitted a higher level review claim, and I was awarded my percentage back.
Congrats on getting it back.
@@DewayneKimble thank you!!
@@iamshan920 how were you reduced?
@@marcalexander6450 Error!! Higher level review discovered that there wasn’t a claim submitted in so I was given my percentage back.
@@iamshan920 That’s tragic, however I am so glad to hear the outcome. The anxiety it can bring is daunting to tackle even when P&T they can take it from you. However I’ve lessened my worry. If they do I’ll continue to fight. However you can’t be in fear of the VA and let them run your life.
You definitely have plenty VA claims and appeals and tons of their regulations instilled in you. That video was 100% spot on. Thank you very much for posting it. Combat Engineer Ready!
Thanks for the positive feedback.
Great broadcasting, Kimble! That Whitehouse VA hotline works yaw! Merry Christmas!
Thanks and I've had to use it a couple of times. Merry Christmas as well.
More very good information. Wow!! This stuff can get complex. It's no wonder most Veterans are frustrated. And alot just give up. I'm struggling through it. And have been gaining experience. But I still have alot to learn. Your definitely right. Every claim is different. Mine have been similar to others I've heard of. But mine and there's turned out differently. And I've done most of mine with an old copy of my claims file. I'm still waiting on a updated copy. About 6 months now. Thanks for all you do.
Thanks for the feedback, always trying to educate veterans.
Just have your documentation in order. Once you get your rating, it is up to the v.a. to prove that your condition has gotten better. If the v.a. cannot prove that your condition has gotten better, they cannot reduce you. If they try to reduce you request a hearing so that you can provide medical proof and lay evidence that supports your level of compensation. If after your hearing in which you have provided all the necessary documentation proving your level of compensation is accurate, and the v.a. still reduces you hire a lawyer that specializes in v.a. compensation. It's a shame that as veteran's we have to fight against the same government we signed up to fight for. Fight for yourself don't let the v.a. take away your rightful benefits to line the pockets of foreign governments and the rich.
Thanks for the feedback and this can be accomplished by yourself. Read all the information that is given to you by the VA and get educated.
Bs the va reduced mine from what was 100 down to 95 when they combined ptsd with traumatic brain injury then to 90 for no reasons and on to 10 percent all without ever having a reason and allegedly they sent notification but I'm an expat living abroad and family claim to have never recieved anything.. also they give my estranged wife half of my checks
Mr. Kimble,
Thanks for all your information and expertise. I've learned so much.
Thanks for the feedback.
Thank You for your useful information.
How do you suggest dealing with VBA denials citing rationale based on gastro symptoms “diagnosed before primary PTSD diagnosis?” Nam vets and others deal with PTSD being recognized in the DSM in 1980 therefore this “rationale” is used to deny many of us… even thought the primary PTSD recognizes Nam as a “qualified event.”
No problem. Each claim is different and you will have to find the VA regulation that was not followed based on how you filed that condition.
Dewayne thanks for doing this video
My pleasure
Great points, always be honest and follow the rules.
Thanks
Most veterans forget that treatment not only includes doctor visits but also includes the continued use of medication and devices in reference to your service connected conditions. Going back and forth to the doctor isn’t a true safeguard for reductions. If a VA doctor during a visit documents improved objective symptoms then that could be used as evidence in support of a reduction by the VA.
thanks for the feedback
Once I have had a doctor's appointment and seen the doctor I wait about two weeks and get a copy of the transcript.
I caught my Pain Doctor lying in the transcript. He said I refused a eperdermal shot , but he said that I didn't require one. He them said no heavy lifting , which he did not document he did mention that I need to excercise to strengthen my back muscles.
I went critical mass and typed a memo to the Director of Veterans Hospital and cc'd it to the DAV and the V A REGIONAL DIRECTOR . Needless to say I brought the heat down. I received a phone call from call from the Director of the V A Hospital and then a phone call from the Pain Doctor apologizing for the mistake.
They found out real quick that they pissed off the wrong person.
I told the Assistant Regional Director of the V A that all future documents will be submitted to the Senate and House Chairman of Veterans Affairs Committees and the Director of the Veterans Affairs. He replied that there should be no other problems.
By the way I did win my appeals.
Mr. Kimble, thanks for all the VA claims information. I was at a rating of 60% for two conditions and in 2014 reduced to 30%. Now I've been diagnosed for another VA disability but I'm scared to turn it in b/c it may reduce the 30% I'm receiving now.
I'll be 55yrs old Nov 25, 2021. I'm also receiving treatment for this new disability since Feb 2021. Not sure if I should wait until Dec or to turn in before my birthday.
First time I've seen your videos and they're giving me so much needed info.
Thanks a lot for all you do for us vets.
Your welcome. Every veteran should be educated on their claim as every claim is different. When your educated on what you are doing with your claim and how the VA claims process can impact it. You will find the answers to those questions. It's hard to answer without looking at a rating decision, code sheet, an C & P exams.
Thank You for the info Mr. KIMBLE!
Your welcome
Boom 💥
Boom, there it is.
@@DewayneKimble 🇺🇸🇺🇸
GOMAB frat just got my 100 p&t rating.
Congrats
Hey Dwayne, could you please possible do a video on 100% PT not through TDIU but scheduler? In terms of reductions specifically. Since no future examinations are scheduled, if you don’t file further claims, can you be reduced. I know there is a million scenarios for this. Just wanna be educated on this.
I have a video on what options the VA gives you if they reduce you but that would be an extremely long video. You can schedule a Q & A and we can walk you though it.
Dewayne, love the show. A lot of great information. My wife was discharged from the military in 1995. She didn't get a VA physical. Can she now request to take a physical and her medical record screened?
Thank you. I've done a series of videos on the different steps of the VA claims process. Those are located on my RUclips channel, if you can't find them, let me know.
There is no time frame for you to get a disability physical .
I helped my brother in law a Nam Vet and finally talked him into getting a disability physical , he came out with 100 percent.
Yes
Good information.... Been waiting several months for my file...
Hopefully you receive it soon.
So just to be clear, it isn’t true that they can stop paying me if I don’t continue appointments? I feel like I’ve seen it on my decision letters every time I got one or an updated one. Saying something like like were required to check in with them and go to scheduled appointments
Those letters would have to be reviewed to determine what the language is. Remember, every claim is different.
As always great video beloved!
Much appreciated
A good topic and Informative if your willing to listen to listen to a lot of redundancy.
Nothing wrong with saying it more than once.
Good information Mr.Kimble.
Glad it was helpful!
My rating is static at 50 percent in appeal for 100 percent. Im on ssdi as well.
If you cannot work , And on ssdi because of your service connected issues ... I would say you have a great claim for TDIU P&T . Good luck man . This was my case ... Now on TDIU P&T
Hey, Dewayne,
I am glad to hear that you received your C-File because the National Personnel Records Center (NPRC), St Louis, MO has temporarily closed down.
"Regina Chalkley, Constituent Services Representative, Congressman Austin Scott, 8th Congressional District of Georgia states the following: “During a conference call on Tuesday for VA Congressional Teams they are shut completely down as of December 1. They were operating with limited staffing (supervisors only) which is why it is taking so long to get records of any kind.”
My suggestion: If I was waiting for my C-File, I woukd my claims anyway for your military and post-military disabled conditions, appeal if I get denied and appeal again if I get denied. Hopefully, I will have my C-File before the second appeal expires.
That's good to know and thanks for sharing. The second DC came quick after the request was sent directly to the RACC for sensitive 7. I waited 11 months. I had it all on paper but wanted the CD. Most veterans do not have a copy of their claims file and don't request it before doing an appeal.
I received my decision letter today stating the VA made a mistake in giving me 50% just to turn back around and decrease it back to 30% and I can’t request a higher review! If it wasn’t for the decision letter I would’ve never known!
I did a video on RVSR hearing. Go to my channel and it will point out your options in your notification letter.
As always good information ✅
Much appreciated
Question about the 20 year rule. If I was medically discharged with a service connected rating, then say 15 years later had it upgraded to the 100% PTUI... does the 20 years for that upgraded rating date start from that date of upgrade in rating or the orginal discharge date?
Sorry if this is a confusing question, I just can't seem to find the answer. Thanks for all you do helping our amazing veterans.
It was an update a few years back. Try the M21 and you can do a search for the 20 year protection.
Thank you Sir! Great info 👍
You bet!
Luckily I had a very good VA Doctor that recognized that I should have been medically discharged during my Med board when I was in service and returned to duty right before I ETS'ing. She looked at my entire history and pushed hard for me to get my P and T way sooner than most Veterans get put into P and T.
the doctor sounds like she is an advocate for veterans.
@@DewayneKimble Yes, unfortunately she is retiring this year. I hope that her replacement is an advocate for them as well.
Thank you for sharing this important info.
Your welcome
What if you're 100% P&T for mental health and you stop taking medication and stop going to appointments because you treat yourself naturally? Can they reduce you?
How do they know what you are doing or not doing as it pertains to your treatment.
@@DewayneKimble so can I just cancel my future appointments or just tell my psychiatrist I don't won't anymore appointments? because I'm getting tired of the appointments
Thanks for you important information.Blessing.Sr.
Thanks for the feedback
Dewayne Kimble, is it true that when you hit 65 and are eligible for Social Security the V.A. can remove you from TDIU? If so, would this also apply to TDIU with Permanent and Total? Please if you can answer these questions, it would help me and a lot of American Veterans in the future.
I've never heard of that, is there a VA regulation that states that?
@@DewayneKimble I suppose it didn’t pass but In December 2018, CBO published a report recommending that VA stop all TDIU benefits to veterans age 67 or older, as this is the full retirement age for Social Security. My apologies as perhaps it’s been in the works and hasn’t been implemented. Do you believe it may pass or has this been thrown out entirely? I can’t seem to find the findings of the Veterans’ Disability Benefits Commission (VDBC) regarding this issue.
Where do u get a copy of your claims file?
I list how I obtained mine in the description section of all my videos in 2021.
If you go to the va for treatment will they reduce you when your trying to get treated? I enrolled to a ptsd program and the therapist is trying to see what diagnostic code I am for benefits. Is that for the program or my benefits? Because I am already service connected for 8 years now. And am also 100 percent p&t should I be concerned.
Treatment is on the VHA side, rating are done on the VBA side. They are separate from each other. Remember, every claim is different and depending on what you do on the VBA side my cause them to look on the VHA side.
@@DewayneKimble good to go I'll be vigilant
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?
Did you provide them with an exam that shows improvement? Also, do you know the criteria for 70 percent and 50 percent for a mental condition.
@@DewayneKimble I see the VA Psychiatrist and they noted improvement in the VA notes, I do know the criteria and it seems like it is closer to 50%. It is static, just worried the VA will see this and schedule a re-evaluation.
@@markwilliams205 don’t go to the VA for treatment. Get private doctors.
I've tried 20 years, medicaled e5 3rd id, they told me I'd have to go there I have 817 files! Crazy crap
Make sure you get educated.
Hit those like 👍 love you bro good info Philadelphia god bless!!
Army ranger Philadelphia good info!!!
Much appreciated
Great info Dewayne! I've been trying to submit my new claim online through va.gov, and it keeps giving me an error message to call them. Would the VA rep be able to hit submit on the claim over the phone? I've uploaded everything I have onto the applicaiton.
I only completed a claim once and that was my 1st claim but all others I mailed in.
For those who are 100% P&T, doesn't mean you are protected from rating reduction. However, if you are 100% P&T, look at your decision letter. If it states something like " unlikely that your service connected disabilities are likely to improve in the future" , "No future examines are required." - If this veteran decides to poke the bear in the future for whatever reason, then yes the VA is going to open your file and you may get reduced, regardless what it states.
As a RVSR, I never went back at the veterans entire file if they were 100 P & T. As the retired 35 year plus VA master trainer explained in the video. Thanks for sharing.
Would they do flexion on left knee does that affect the right knee
Flexion is part of the range of motions.
I have a question about a static rating. I filed first time for PTSD and was awarded 70%. I looked at my rating code sheet and noticed that that rating is static. Can you explain what static means? Thank you sir 🇺🇸🇺🇸
www.kmd89.com/calendar
Did you find anything out?
@@pski2515 yes. It means that there is no routine future exam (RFE) for this condition.
@@SilentMover808 Gotcha.
How do you request a copy of your evaluation records / folder?
if you look in the description section of any of my current videos from 2021 and 2022, I note how I obtained mine.
Do you have any advice or videos that help us protect our 100% how can we apply for P&T or is that even possible. I heard it’s age but I have friend same age as me he has P&T at 43. Thx I’m advance
As a previous RVSR/Rater, I never granted chapter35 (aka P & T) due to age. If you go to my channel and do a search for a topic you are looking for, it will come up (protection).
Also, look at the video I did on RFE's, I think that will help if you are 100 percent but not P & T.
@@DewayneKimble thx I will look it up thx I suppose to go back 2025 redo I don’t want to do that. Process very stressful
If you're scheduled for a c&p exam, how can I request a different examiner/location/private contractor
www.kmd89.com/calendar
Sorry I didn’t understand....What is the CD for?
A copy of your claims file.
What if I was awarded combined 100% p and t and now am scheduled for a c and p exam that I put in a claim for BEFORE I was awarded said combined 100% p and t, can I be reduced based on those exams?
It depends on what you claimed (increase secondary), if an increase, how long it has been service-connected. There are alot of things that could, could come into play. Every claim is different.
Did you ever find an answer?
How’d the exam go brother?
I’m in the same boat.
It’s re eval for psych
I never opened a new claim.
A bit confused due to being told p&t has no further examinations
Does “We assigned your claim to a reviewer” mean it went to a RVSR?
If it's not on a HLR.
Merry Christmas Dewayne.
D~
Thanks and the same to you too.
What’s good MAB I did not know you are Frat
Just educating veterans BLUE. I will be posting a chapter event for veterans and families. Give me a call so I can share with fellow BLUE and WHITE. Thanks
@@DewayneKimble Sure will! Where can I find your number?
@@TheHales 855-765-3137 ext. 0
My situation is100% combat PTSD diagnosed 20 years ago they said i was incompetent not able to handle my finances I feel I can handle my finances now if they declared me competent to handle my finances can they lower my rating
The issue is with competency.
@GodSon so you don't think the va will schedule me another c&p to lower my rating if im 100%p&t for PTSD not much trust in the va my field examiner says he can do it but don't trust him either
@Justin Gonzalez don't doubt that for a minute
@Justin Gonzalez took me about 1 and a half years to get my claim appoved they definitely try to starve us out
@Justin Gonzalez 38 cfr go to goggle and type in 38 cfr and your disability you are filing on it will give you the percentages for your condition that the va has to follow it will help you on your c and p exam
If I’m 80 percent service connected can I be reduced after 9 years?
There are several factors that would come into play.
@@DewayneKimble give me some contact information please. I have a complex situation. You are the best on this subject after I’ve been looking.
Thanks for the help
@@ryananderson7124 Our contact information is in the description section of this video.
@@DewayneKimble I called your office
CD? Do I have to request a CD or is it supposed to be sent to me?
I retired in June 2018. I definitely don't know the process.
This is all I know:
I handed over my medical records, approx 6 months before leaving service, to the DAV and they submitted a claim on my behalf.
One month after retirement, I started to get VA disability pay. I was found 100% service connected.
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Now, today, out of nowhere, I received a letter in the mail saying that they have changed my status to P&T.
I don't know why. I haven't submitted anything to the VA. I just know that my records were reviewed and status changed.
www.kmd89.com/classes
Is the rating protected before 5 years if you are 55?
Here is a link to a video that has the answer to your question. Good information: ruclips.net/video/KjFWJYQGtN0/видео.html
Thank you sir.
Most welcome
Thanks buddy.
No problem
What about veterans 55 years old and depressive disorder?? I'm still getting medication without any signs of improvement and my doctor wrote a nexus letter explaining that my condition isn't getting better and keeps getting worse. I just filed for an increase. Thats my situation
All information would have to be reviewed.
Rated 70%, code sheet says no future exams, everything is Static. Age 58. Have had rating for 2 years. Do I need to seek treatment
Good video
Thanks and Go Mizzou, how bout them tigers.
@@DewayneKimble that game was close. Sucks we didn’t have our starting QB!
@@LITTLEROCK2517 lol,
Do you mean to tell me that my 100% P&T requires me to be on top of my disability and constantly going to the VA for the next 20 years? Such BS!
No, I've never seen that as a requirement for a veteran.
My husband is a veteran and is rated 100% permanent and total from when we initially filed last year(2020). Will the VA still reduce his rate or evaluate him again. I'm currently working part time and thinking of retiring to settle in our motherland overseas, because he is homebound and need more of my assistance. Out there I can have extra help from family members and cost of living should be more affordable for us. I' m just concerned of the back and forth travel if we're required to do so with the VA and also worried how that would work if we're in a different country.
It will depend on how many years the % has been in effect as I mentioned in the video. Also, check the caregiver program with your local VA medical center, I talked about it in the last 2 live streams.
@@DewayneKimble the disability just took effect this year, but my husband has been in this state since 2016. We actively still get care from the VA. Im just trying to exhaust all assistance available to keep everything at home in tact... And that is why I'm concerned if there's a chance they could still reduce our benefits.
@@allanayrav1298At this stage, why would they reduce the veteran.
I’m 100% atm but they want to reduce mine cause they came back and said oops we made a mistake. I wrote my congressman. Currently appealing it.
@@ThaddeusGhostal Did you have someone to review the rating to see what happened?
At 70% it’s better to wait to file an additional claim unless you had it for 5 years just in case the re exam showed improvement. True or false
That would be up to you.
Your choice....I did just that.. kept filling claims to 100%P&T...it's up to each vet
If you dont get seen at the VA after 5 years how can the VA reduce your rating ?
There is no regulation stating you have to continue treatment.
@@DewayneKimble after 5 years they have to prove it correct ? If I dont get seen at the VA how can they reduce my rating with no evidence ?
Go Army
GO ARMY
Question, does the 5 year start at the original connection? Or time of increase? Had a SC since February 2017, and in May 2021 got an increase. Did the time start over at time of increase to may 2021? Or in one year time will my increase be more protected because the disability got worse over time?
www.kmd89.com/classes
@@DewayneKimble link is broken. I had the same question.
Publish the questions as a learning experience on your coming test.
The quiz was this past week.
@@DewayneKimble publish the questions; just reading Q & A is a learning exp.
@@combatdouglas1306 or you can join a Q & A.
@@DewayneKimble sure. Next one is?
@@combatdouglas1306 It will be next year.
Mr. Kimble, A question concerning my VA percent rating. I'm now 72 and have a 90% disability rating. This is based on three conditions. PTSD, Diabetes, and Hearing Loss, all due to my infantry service in VietNam. All were verified by the VA. I now have a chronic case of Tinnitus, service-connected, also VietNam. The VA verified this conditions and allowed me a 10% disability for this. Since I had a 90% disability before the 10% was awarded shouldn't I now have a 100% disability rating? 90% + 10%. All of my medical needs are serviced and certified thru the VA since 2004 when the VA accepted my enrollment. I have a County Veterans Assistance office. Your advice will be greatly appreciated.
All your information concerning your question would have to be reviewed.
Nope the other 10% is just of the remaining 10 so it’s 1% so you have 91% disability rating!! That VA math will get you everytime
I'm 100% p&t, I go to my regular primary appts, am I good to go or do I need to keep setting appts for legs and back which is what my rating is for, thank u
I don't know of a regulation that states you have to. That would be up to you if you need treatment for that condition.
I will be an older man by the time 20 years roll around
Stay educated on the process.
Hey brother it's miguel from Florida can you make a video about the va self employment program and the selfstastmen program for 100% total and permanent
Hey Miguel, I'm only doing videos on the VA Compensation process. There should be information on the VA's website about that program.
Where do we get educated??? VA is a mess for a reason and hardly answer my questions to any satisfaction.
Depends on what you are trying to get educated on: www.kmd89.com/services
I was reduced from 40% to 10%
Now you have to find out why.
@@DewayneKimble Personally I think it was the fact I was in the Reserves during that time getting the SCD. I did get letter from VA to pay the difference from 40% and the drill pay. They never mentioned about reducing. It happened 3x and filed for 4 separate CUEs but got denied twice.
@@takaogibson845 You will have to go through your claims file to see what's going on and if those were reduced based on an RFE.
@@DewayneKimble I haue the attorney on this matter. It's all a waiting game. He toid me it can take up to 3 to 4 years.
👌👌
Thanks
I have been rated at 80% TDIU permanent and Total for 19 years 8 months Had a brain injury with skull fracture was struck with an ax during a robbery so good luck saying that’s fraud
Make sure you have a copy of your claims folder. You want to be educated on your claim.
@@DewayneKimble I still have the hospital report, The incident report , the paperwork stating my TDIU permanent and Total date which is 7-26-2002 . No I don’t trust these people when I was clueless they had me at 30% when I first got out than they reduced me to 10% this is back in 1990 than it took 15 years to get to where I’m at . A psychologist at the VA PTSD clinic told me I was shafted and he helped me out . I have tinnitus at 10% facial paralysis at 10% Vertigo at 30% Seizure disorder at 20% and PTSD at 50% . Dr tried to get at 100% pTSD at first but I told him I still wanted to work I should have took that offer back than but oh well. I tell how this went 6 weeks before my ETS date I was in a car it breaks down 1 mile from the base so a friend and I had to walk back to the base than all remembered is waking up in the Hospital that’s when my friend said these hippies with an ax hit you and took your wallet he said they went after him and he ran. I spent 4 to 5 weeks in the hospital where I had to learn how to walk and talk again my face was paralyzed I had no balance but since it’s my ETS date the Army clears orders a Solider to drive my car and I back to California from Ft Bliss Texas to drop me off a DAV Officer told me I was supposed to go through a therapy than retired with my rank but no I was just dropped off like a newspaper, This is why the Psychologist said I was shafted . My hospital diagnosed me with hearing loss tinnitus facial paralysis vertigo and a right temporal bone fracture and it stated these conditions are permanent, strange the VA didn’t give me vertigo from the beginning. Since it was on the hospital report
👍🏾
So basically if you reach 100% P/T, even if under 5 years don't go seeking SMC ......
That's up to you as the veteran.
What is SMC?
@@mrkylefinney special monthly compensation. A rate sometimes way higher than 100%.
I wouldn’t until you hit 20 years but that’s me
too many veterans want compensation to a disability but dont want to get treated. i think those veterans arent as disabled as they claim. everyone with a real disability would go through treatment and have their condition highly documented.
@BigRec Red im talking about people who who mallinger. the ones with factitious disorder.
Maybe if the VA actually gave treatment. Whole thing is a joke.
There are some conditions veterans self treat.
Some people don't want to be reminded of it