In need of MORE "anger management"!!

[billr]

I'd like to make a little correction to what Paco posted regarding having a disability rating for 10 years. Its called the 10 and 20 year rule.
10 year protection means that service connection for any disability which has been in effect for 10 or more years will not be severed unless it was based on fraud.
20 year protection means that a disability which has been continuously evaluated for 20 or more years will not be reduced unless the original rating was based on fraud.

[Packo]

Thanks for the correction. Does that mean that even if you carry a certain percentage for 10 years or more they can drop you below that percentage, if not fraud? Not worrying about the fraud part but was my understanding,"ass-u-me", that mine could never go below 50 due to 10+ years. Not worried, just interested and want to be able to give my patients the correct info.

Thanks

Packman

[Packo]

this move to the top? Needed to get an answer from billr.

Pak

[billr]

Paco

That's correct. Unless the disability rating has been in effect for 20 years, it can be reduced if the condition shows improvement. It doesn't happen very often (Andy's case excluded) but it can happen.
As a County Veterans Service Officer, when someone comes in and asks to have their disability reevaluated for a possibly higher rating, I always inform them that there is the possibility it could actually be reduced if the evidence indicates the condition has improved.

38 CFR, Section 3.951(b)
A disability which has been continuously rated at or above any
evaluation of disability for 20 or more years for compensation purposes under laws administered by the Department of Veterans Affairs will not be reduced to less than such evaluation except upon a showing that such rating was based on fraud. Likewise, a rating of permanent total disability for pension purposes which has been in force for 20 or more years will not be reduced except upon a showing that the rating was based on fraud. The 20-year period will be computed from the effective
date of the evaluation to the effective date of reduction of evaluation.

[Andy]

Nope, my case fits in quite nicely with the VA procedures. Cancer 97, made the claim in 99, got it in 99, got a review in 01, then a review and "reduction" in 02. Plus I never got that tag line - perminate. I totally expected a review, kept telling doctors about procedures that they were not familiar with. Besides, not worried about the 10 year thing, that doesn't seem to be in the cards, unless I hook an inside straight.
(The 20% combat injuries the VA gave me in 1970, that seems safe. Never had a review on PTSD from 94 however I'll bet they think {and with good reason} that I'm a lot more nuts the 30%.)

Stay healthy,
Andy

[billr]

Andy

Your case is a little different. The VA's Rating Schedule calls for NHL to be rated at 100% "with active disease or during a treatment phase". "The 100% rating shall continue beyond the cessation of any surgical, radiation, antineoplastic chemotherapy or other therapeutic procedures. 6 months after the discontinuance of treatment the appropriate disability rating shall be determined by MANDATORY VA exam. If there has been no local recurrence or metastasis they rate on the residuals." The residuals are generally rated under Anemia or Aplastic Anemia

That's the way its supposed to work. The way it usually works is the six months are up, they propose to reduce, then schedule the exam. By the time the exam is conducted they have already done the reduction. Bass-ackwards.

As long as you're receiving treatment for the condition, its supposed to be rated at 100%.

I think I mentioned to you over on the other site that you might want to have your other conditions re-evaluated for possible increases. It might be enough to get you back to 100% or high enough to qualify for Individual Unemployability. (1 condition rated at 60% or a combined 70% with 1 rated at least 40%).

[Andy]

Can't believe that's you and I didn't recognize you, HI. They gave me (maybe I earned) the unemployable - no doubt due to a lot of folks helping out. Thanks again to a lot of you, prayers help. Have another question for you, oh sage.

What if a year from now they say my cancer hasn't been treated in 6 months and they pull the, 100% cancer is now 0%. Would that take away my unemployable? In 4 1/2 years I've had 5 chemotherapies or designer forms of same, however it's "possible" I could go 18 months before I need to go through that again. Is that fight, unemployable over yet?

BTW: I have filed a claim for my left eye. Now getting 10% for 25% loss of vision (frag injury), however it's now 40% total loss of vision and the rest of the eye is 20/200, not correctable. (That change took place during this April-May.) The cancer doctor says there's cause and effect from the cancer and/or treatments. The VA eye doctor says it was to be expected and could have happened 30 years ago. I filed as a battle injury, should it be a cancer injury or would two claims for the same injury be the way to go? This is really nonesense!

Also, I'm sure Doc Fred, Seatjerker and Paco would agree I could get more than 30% PTSD but I can't file for that. If I did, in this state, I loose my right to have firearms. I still have "friends" getting out of jail and sort of like having a weapon or two around the house. Not doubt you understand.

Is there a form for: You guys broke my little old body, now do something?

Stay healthy,
Andy
PS: I could have PMed you with this but others may at some point find they are in a similar situation. God, I hope not too similar.
PPS: Metastasis is a bad word. It means the cancer moved from one place to another. Mine has moved from the Lymph nodes to the bone marrow. If it metastasis' again, 99% chance it will be Leukemia. At that point no more problems with the VA, it's time to pull the pin. But it is comforting to know the VA will come thru with the dollars.

[billr]

Andy

Yeah, its me. I've just sorta been reading the posts and enjoying the banter back and forth. I tend to just wait until an issue comes up that I might be able to shed a little light on before I'll post something.
If they have granted you the I.U. then you evidently have met the requirements that I mentioned earlier. If you do stop treatment for the NHL and 6 months later they reduce the rating for NHL, chances are you will still receive the ocmpensation at the 100% rate based on the I.U.
A big question is whether or not they have informed you that your dependents are eligible for Chapter 35 Education Benefits. If they have, then they consider your disabilities to be Permanent and Total and a reduction is extremely unlikely. Generally, the only time you get reduced from I.U. is if you go back to work, and it does happen. As a matter of fact I was just looking at the case of a vet that was getting the 100% rate for I.U. and wss working full time all the while he was collecting. VA did a match with the IRS and found out. Not only did they reduce him but he wound up owing the VA over $102,000
With regards to the claim for your eye injury, you can't file 2 claims for the same disability. At this point the issue really isn't how you got the disability, but the severity of the disability. Ratings for loss of visual acuity are pretty technical and since I'm posting this from home and not my office I don't have the reference material to try and guess what the new rating might be.

Take care of yourself. And if you or anyone else need some advise/info on subjects like this just let me know.

Bill R.

[Packo]

As always, thanks for the great information. Unlike Andrew, I remembered you and knew when you replied that I had the straight skinny. Thanks again for all you do!

Packo

[Gimpy]

I knew it was you also bill. But, as Paco and Andy have said. It's good to see you "hangin around" again and we are very fortunate to have your knowledge and wisdom to draw from once again.

Thanks,