Having the possibility of losing a rating, just adds to the anxiety a veteran might already have. Thank you guys for helping veterans know their rights.
I lost 10% of my disability over a year ago i started out try to get unemployability was totally denied for, not knowing or able to supply at that time last employer's new address they moved after i retired. I later was able to get the proper info to the which was not even considered and also reviewedmy ptsd that said showed in my recods that i either had gotten better or never should have got the ratings i got in the first. Having me scared to do anything more for fear of losing more og my rating.
we just went through this, they finally fixed his rating in December, and now they don't want to give my husband his retro backpay all the way back to August 2019. It's unreal that the VA can make these careless errors, exasperate a veterans symptoms, cause severe financial hardship, and there's no accountability ever.
Filing a claim demands much more of the Veteran, not everyone was provided competent assistance. The Veterans subjective complaint should carry considerable more weight in determining eligibility, whenever diagnostic, lab and Physicians assessments conflict or fail to prove the Veterans claims! I listen to how it should go, but my experience was absolutely nothing like you are explaining here! There is a level of frustration, anxiety, rage and rejection so real, that it’s kept this Veteran from seeking help for several years!
Great information!! Thank you so much for sharing. Wow, I didn't think it was quiencidental that I received a C&P exam, and then a VA letter stating that they were going to reduce my rating (all this,, during the year I just turned 55)!! I think I was targeted, just because I just had just turned 55. My condition has NOT improved. It has actually worsen, and I submitted support of claim. You don't fall 10 feet off an aircraft loader, onto your back, and expect that kind of impact/injury to improve over the years. Wish me luck for my hearing, next week. It's just more hardship upon me, to have to prove. God bless our veterans and I'm sorry for others who are going through the same hardship and having to fight endlessly to sustain their rating. I'm fortunate to have the VFW, representing me. There's no way I could of done all that endless paperwork without them.
As a former Veterans Service Representative (VSR) at the Atlanta Regional Office I would like to offer some very good FREE ADVICE to any service member thinking of filing a claim with the VA for disability compensation. HIRE A VA DISABILITY LAWYER! I guarantee you will make a mistake and once you do you cannot undo it. It is a matter of record and will always be there in the future. Do not attempt to speak to or file any claim with the VA without an attorney. In fact you should not talk with the VA at all. Let your attorney do your talking. The laws governing VA disability are vast and most are complicated and you will need professional assistance to navigate them. Also, a lot of VSR's are not well trained and they will make mistakes. They don't mean to but they will do so at times. Again, I cannot stress enough upon you to hire an attorney.
I agree with these 1000%.. i waited 4 years after put of the service to begin the process due to not wanted to deal with tje VA. Found a great lawyer. Lets just say it was one and done as long as you have récords of everything, go to appointments, and be honest with everything is smooth. Im offically in the 100 club. Good luck out there brothers.
@@MH-il1lk Not sure about that. Have you summited any paper work? I started from scratch with a lawyer.. took me two and half years after appointments, and paper work. First time 100%.
@@ajalicea1091, Have you considered the folks who made this video? Why not contact them? They took the time to put this together for you. I don't know them at all. I've just watched the video a couple of times, and I've also been in sales. It's nice to get the reward of customer loyalty... at least to be given a shot. :)
Thank you for watching with us! Leave us your thoughts or questions below! P.S. Lots of great information was shared in the live chat-- check that out!
@@williammaldonado6132 my husband has been trying to get his benefits since 1990. He was forced into the army a year after they rated him 4F. During that that forced service he was reinjuried and than given an honorable discharge. He has been denied and is on his last appeal. He recently passed away, as his wife am I entitled to any of his back benefits? Are there any benefits for widows? My first husband passed in 1972 after serving his complete military time receiving an honorable discharge. I'm looking for help because I may lose my home, for financial reasons. Is there any help for me?
Great video with the exception of your coverage of the 55 year old rules. Surprising that you covered the other protections in such detail, but then only spend 14 seconds giving one sentence on this protection. Do you have another video on this topic where you go into more detail?
In the beginning of the video Rachel nailed my disabilities and 100 P&T for bipolar 2 and 50% for sleep apnea and exercise induced asthma and I also have arthritis in both hips although not service connected for them. Her explanations of why I am P&T and that work complicates the disabilities and how I need the proper rest daily is very on point! TY Rachel and love the sweet spirit you have!
THANK YOU !! TDIU with 70% (P&T) - (depression anxiety and insomnia) rating and because I can't live off $3144 I need to go back to work my condition is not getting better but I will request for tdiu to be terminated. Rachel said it best I needed tdiu to rest (symptoms management) but I am in no way better haven't been to sleep it's 430 am insomnia has gotten worse as I worry constantly about going back to work. Honestly I'm tired of fighting and SSDI was denied This video helped ! Happy New Year and many blessings to you all
If a veteran sues the VA for medical malpractice which means he suing the United States Government under the federal tort act and he "Wins" can the VA still put a medical lien on the settlement award? It says, in general, a lien is a court order placed on one settlement to satisfy the debt owed to a third person or entity. The VA is the third party and the party that was sued and lost. The veteran is rated at 100% P&T service-connected. The surgery was done at a VA hospital. Malpractice resulting in unnecessary amputation.
The VA most definitely didn't go through those steps when they dropped me from 70% to 40% last year without warning. I had absolutely no idea they were going to drop it. I was able to get it back up but it took a while. It was extremely stressful.
@@oscarmosca1234 PTSD. The VA believes it gets better on its own so sooner or later they will take it. They do it to other areas as well but ptsd is the hardest hit. I did get it all back it just took time.
@@bvrsqzr3569 hey thanks for replying. I know i will get the letter sooner ot later. And ur saying they didnt tell u before the reduction. No reduccion letter? It probably got lost in the mail
My name is Don and I served 3 tours in Nam on a huey...as a door gunner and as a crewchief....and 3rd tour as mainteance supervisor...was wounded in 1968 ..recieved Purple Heart...I strongly feel no Veteran should his reduced or even tampered with .. we did our duty....the VA cannot do that to Veterans...Period
I WHOLEHEARTEDLY agree my brotha...these folks are a joke and mostly HEARTLESS!! And most never served a day in the military and just work with the VA to hurt people who have RISKED IT ALL for this country ! That's what really ticks me off..🤨👌
Yo tengo.Services Conected.Y tengo 10 por ciento por Tinitus.Pero sufro mucho de dolor de cabeza.y Ansiedad y Insomnio.Zervicales y Artritis. Y en la espera de una decicion de un.juicio que fui en 2019 Agosto.Por mi Operacion del Estomago Y este Reflujo.Que no me deja vivir tranquilo.Y las Zervicales ni hablar.Fue un Honor Aver Servido.
QUESTION: Non-service-connected medical evidence VA gave veteran a rating of 100% - Veteran, at the Board of Veteran Affairs, GRANTED Service-Connection, does VA have the lawful right to reduce the 100% rating to zero? Likewise, for a Thoracolumbar Spine disability of 80 non-service-connected, when GRANTED Service-connection, does VA have the right to reduce the 80% to 10% and start all over again. VA rejecting the past 57-years (active-duty) of medical evidence?
My b/f was awarded 40% in the end of 2018. By the end of 2019, they contacted him saying they were reducing is rating to 10%. That was pretty quick. He's now 58, and he's not really doing much better. He tried to appeal, but not sure who he was dealing with. It's kind of frustrating. They tried to reduce me last year as well. I actually got an increase for my severe headaches, but reduction for seizures. Thanks for the info. This helps a lot.
I was rated 100% perm after having a Heart Surgery (stents) that they were unable to do and the surgery was stopped because of artery issues, now just a year later they want to re evaluate me at a 3rd party exam. The 3rd party informed the VA that I declined the exam which I didn't in fact I sent them documentation from my records indicating what the heart surgeon reported. What can I do or what should I do.
Good info. We Vets should assume the VBA may evaluate us again so be prepared to fight VBA for 10- 30% decreases. In practice, keep going to med and mental appointments to report symptoms to private Docs and check in with records with your VA PCP. Go to the Doc for each condition at least every 3- 5 months! After studying the claims process and reading appeals I'm leaning toward reevaluation decreases happen when we claim increases or SMC. I don't fear the VBA because I manage my care records and have deployed a strategy to claim "103 VA points". Points means at least 3 of my condition need to be cured to bring me back down to 94 points aka 90% again. One thing I see all the time is Vets are shooting for 95- 96 points to hit 100% and stop so they're at risk for one condition being downgraded in error. Notice few VA disability calculators rarely calculate above 95- 97%?
For me and probably most disabled veterans we hate the VA math they use to get your rating … if you use simple math I am roughly 250% but I barely got to 100% and I can’t hardly stand going to the VA for my healthcare and it’s really stressful just to walk inside
If you are 100% P&T and were getting looked at for one of your conditions at an VA Out Patient Clinic and they scheduled you for an exam there that wasn't a disability scheduled re-examination. If the exam results are different than the 2 prior civilian exams which showed worsening. Can they use this to re-open your file on grounds of improvement even if its not on a claim, or is that just info for your primary care doctor?
I had 100% evaluation ratings when I had my heart attack and 5 by pass. After a while I got several % reductions of my benefits. I had accepted all what they told me since I trusted the VA’s rating decisions. Now after watching your video, I am curious where to get what % ratings I am really now getting and do I get more reductions as I grow older. Who and where do I go to find out my overall ratings now?
What about when I first put in for my disability and the time it has taken the VA to rate me for that disability? Because A LOT of time has passed. Thank you.
If I understand your question correctly my research shows that the Clock starts when your decision is made so the date atop your Decision Letter is the Official date and a re-examination can occur 2 to 5 years from the Decision Letter date which is on the top first page of your Decision Letter. Semper Fi’
So i’ve heard that veterans who are already rated 100% P&T shouldn’t rock the boat and file any claims. I’ve had problems with my lungs and treated for asthma but never diagnosed by VA. So is there any benefit to filing a claim, or would I just cause myself trouble? Thanks.
If you have 100% P&T, don’t poke the bear! New claims will re-open everything and you will put yourself at risk for a reduction. At 100% P&T, even if your asthma is not service connected, the VA will still pay for all other issues, prescriptions etc.
In 2019 I had an evaluation and wound up losing 10% from a 3rd party evaluation source. I couldn't believe it. What can I do now? The evaluator used my education against me while I was in the evaluation and became angry!
Do the time rules still apply if I rejoined since the rating? For example rated in 2006, I rejoined in 2007. Asked va to Stopped payment. I am set to retire in 2 years
I see all private docs with concierge medicare coverage, including a military psychologist. Touch base with VA every 6 months. I have TDIU P&T for 11 years attached to 70% that is in effect for 21 years. Under 10 year rule a disability cannot be taken away, only reduced. Is TDIU protected from reduction when attached to 21 year old disability?
Recently rec'd 100% (Not TDIU) P/T at age 69, w notice of no exam's scheduled. Ratings: 10, 10, 30, 30, 50, 50, and solid 100%. If I attend any/all yearly checkup's, receive and take med's, do I still face re-examinations down the road?
@18:00 min so yall talking about a 30-day notice has to be given. how come the VA sent me info i was goin to get a reduction and also the packet that it had already been done both dated the same date?
Every time the VA does a re-evaluation I noticed the established date changes to the new re-evaluation date. So how would a Vet get to 10 years? If every 5 years or so they change the established date to reflect the latest evaluation. What am I missing?
What if you disagree with the VAs proposed “effective date” that is YEARS off from the actual beginning of the symptoms etc. for instance making an effective date 2013 despite having applied in 2010… not only this but the symptoms began in Iraq in 2004…and were severe.
Bro, if the VA can show sustained improvement over several examinations, they can propose a reduction. Sustained improvement over time can in fact open a preposal to reduce. P&T contrary to what many say IS NOT A PROTECTION! Just maintain treatment and do not open a new claim and your static conditions should hold. Semper Fi!
@@captainhargrove113 a lot of ifs. The P&T doesn't require further examinations....when you go to the VA doc for a yearly physical you don't discuss how great your condition has become....you get treated and your meds and you leave....unless you committed fraud....good luck in taking away a P&T...the burden of proof is on the VBA...not a simple thing for VA to prove..its a legal process
@@tommarinevet fully aware of the process brother. Im 100 P&T for Parkinsons and 16 secondary conditions. I had my 3rd re eval since becoming 100p&t. The last was Dec 2019. My illness has no known cure and limited treatment. As such, the information I offered earlier is based on me being re evaluated 3x with A total of 17 static conditions. All because my VA primary noted my balance was "improved ". I assisted another Maine in April who held 100 P&T six years, he is now 80% due to sustained improvement. Best to you. Semper Fi.
@@captainhargrove113 thanks....sorry to hear your ordeal with the VA.....I'm at 100% P&T schedular and over 65...all mine are musculoskeletal and getting worse....as age cripping up...thanks for your input and knowledge, Semper Fi
The protected time frame is that a time frame from your first evaluation and given a rating or is it as of last T and P exam plus 20 years. I have had a rating since 1992 but was given permanent and total 100% back in 2017. So 20 years from 2017 or 1992?
For more information on rating reductions, what VA can and cannot do check out our blog here :cck-law.com/blog/rating-reductions-what-va-can-and-cannot-do/
Thoughts on currently working full time and planning to do tdiu in future, currently sitting at 50% and a 0% for migraines once i gather enough evidence to submit for an increase and get to 70% will do tdiu should i quit job now or wait until then.
I might be filing a claim for a Mental Disorder that I have been suffering for 20 years and if granted does that twenty years will work for me in favor? Or not because I am just now filing for it.
@@CCK_Law his wife has vachamp and his letter says P&T but this years form is 2 pages long and it used to say no future exams but did away with that language on it .but would he never still have exams all others of his awards letters say that but the last 2 years .
This is Don again I am 100 % disabled due to scrapnel wounds and Direct contact with Agent Orange.. I have lost my Pancreaus..Spleen.. Galdblatter and 1/2 my right lung to multi myaloma...I would be irrate if VA reduced my ratings for no certain reason....Thanks guys lets not let that kind of treatment happen.
I am service connected 100% Disabled MST. Had been in treatment for 7 yrs. before applying and receiving my benefit with VA. I am still being treated at the VA. Can my benefit be reduced or severed?
My husband was 100% total and permanent disability for 11 years, for TBI. They then rated him 90%, this has caused him further decline trying to fight it has been difficult We have his medical diagnosis x2 that reflects.
Fuck me!! Everyone asks why I waited so long I just turned 40 and filed a claim for an orbital fracture requiring surgery to install a plate over my orbital rupture which happened 20 years ago in the line of duty but this seems like torture to have to convince people what it already says on paper???
There are a lot of Veteran organizations which would be happy to assist you. Call a local Vet org nearby you and I am sure they would be able to help you with the process.
I have Ulcerative Colitis. My entire colon , but for a small portion of the rectum was removed and a j-pouch was implanted. The VA gave me a 100% rating. There is no cure for this disease and I can’t get my colon back. I can have several weeks, months with improvements, but it will never be sustainable as anyone with Ulcerative Colitis knows flare ups are inevitable. I believe I should be rated permanent, does anyone have advise or some insight for my specific situation?
Contact Dr Eric Berg from YT....he might have some nutritional things that can help. I have IBD/Crohn's but not like yours... I manage it through diet and pain meds.
@@TheIcxikul I was initially rated 30% as well. It’s typical of the VA to rate a veteran at the lowest rate first. You have to continue pulling up your medical records and keep submitting claims to increase it. I’m now at 100%. I believe 3 more years my 100% becomes listed as permanent.
I'm 55 y.o., and 90% TDIU P&T. I was granted TDIU 12/01/19, and my effective date of disability is 02/09/17. When does the clock start ticking toward the 5 year rule, or am I okay since I'm 55?
I did just have a Exam the first of Nov. my cancer is still their but real active they said I would die of old age first but I still have a lot of trouble urinating because of prostate.
Hello, what if you filed for sinusitis and the symptoms are present almost continuously but because of allergy season your nose is runny and there is no evidence of the congestion that normally is present and the claim is denied because the c&p examiner says there is no evidence of sinusitis at time of the exam. What can be done then?
So if you have more than one service connected condition can they reduce any of them in u file a claim for secondary to one service connected condition...???
So now that the VA is outsourcing disability exams . Does the VA base these finding on their evaluation. I got rated 60% disability December of last year I got out of the service in 1996 . When Does the rating clock start .
My research shows the Clock starts the date of the Decision Letter. So just look on the top of the first page of your Decision Letter and you can get a re-examination 2-5 years from that date.
@@bennyhanna6 ... Obviously it can only be one of two dates. Either the date you submit your Claim or the date you are granted your Benefits. You have some Claims that take years to be resolved so it is only logical that the VA would use the date that the Veteran is actually granted his or her Benefits which is the date on the top of their Decision Letter. Sort of reaps of Common Sense.
I am totally and permanently disabled can it be reduced or changed? If I have a disabled condition like replace a rated knee replaced reduce my rating?
my ex husband is a 15 year veteran. he needs to be put in a skilled nursing. he has renal disease stage 4. his bed ridden an his mental comprehension is almost signs of dementia. VA is not helping him. can you all guide us on how VA can give him a higher disability. he has a lot of health issues. please help
If he has a service connected injury that requires nursing home care, the VA will provide it, and should raise that to 100%. Hopefully he is being seen by the VA so that his medical needs can be properly evaluated for these purposes. Get assistance from a service rep there. DAV may be a good choice if he is disabled.
My husband had his ratings reduced while he was having surgery on his skin saying he was better when they sent him to get surgery on his skin an he has skin flares all the time an they still give him medicine for his skin this was crazy an the meds stains his clothes an we have to replace his clothes its crazy an no ones looking into it
From the date of the letter, you have 60 days to submit evidence if you believe the reduction is not warranted. Within the first 30 days of the 60-day period, you have the option to request a hearing to be conducted by VA personnel unrelated to the proposed reduction cck-law.com/blog/rating-reductions-what-va-can-and-cannot-do/
My husband was given 100% non-service connected PT disability for several years (2004-2006). When he died in 200,6 they reduced it to 10%. Is there a way to get it changed back? A surgery ay the A left him with a permanent MERSA infection with 45 day infusion therapy. Two days after leaving the VA hospital for a leg surgery, he developed a 106 fever that almost took his life.
My pain has worsened in service connected disabilities. I had a C&P in July of this and one of these was reduced instead of increased. My pain levels were documented for the most part. I have been disabled since 2004, but I had the rating that was reduced since 2009. I requested a higher level review. What are my options if that doesn't work out?
I had this happen to me a few years ago. After fighting for 8 years to get 100%, they added a 5 year review to it. After that 5 years, they reduced my rating to 80% because they said my scar from my heart surgery healed and that was part of their decision to give me 100%. I don't understand how they can do this especially when my neck, ribs and lower back are fused, I have a Mechanical Heart Valve, on blood thinners and blood pressure pills for life, Anklyosing Spondalitis (AS) from the bad batches of Anthrax vaccinations, IRITIS as a side effect of the (AS), Remicade Infusions every 5 weeks, and sleep apnea. I personally know people that are 100% permanent just because they said they have PTSD. This is a screwed up system.
Kyle Stone -- You need professional assistance from a VA Disability Lawyer. I highly recommend you hire one ASAP and follow their advice to the letter. Good luck to you.
I want you all to send me the paper when I first got in the service and I let the doctor said and send me the paperwork with all the people after sent down my whatever you have in my phone please send it to me so I can straighten out what y'all saying I didn't write it
I have been tdiu 80% payed at 100% rate .I have had this rating for going on 13 years now .it does say to yes . I am over 65 ,can I be reduced because it says 80% not a100% but I am getting payed 100% .my wife has champ VA as well . Can the VA reduce me ? . My award letters says no further exams I have ha tdiu or for 13 years and 67 yes old .THANK YOU
The VA comes up with a reason to say you owe them a debt to screw you out of money now.... Then take a huge cut of your service connection disability pay every month. They have a hold on collecting debt a grace extension which end's next month.
Having the possibility of losing a rating, just adds to the anxiety a veteran might already have. Thank you guys for helping veterans know their rights.
I lost 10% of my disability over a year ago i started out try to get unemployability was totally denied for, not knowing or able to supply at that time last employer's new address they moved after i retired. I later was able to get the proper info to the which was not even considered and also reviewedmy ptsd that said showed in my recods that i either had gotten better or never should have got the ratings i got in the first. Having me scared to do anything more for fear of losing more og my rating.
Amen. To that. My daily life lmbo
Very true
@@rudolphjennings that’s horrible
we just went through this, they finally fixed his rating in December, and now they don't want to give my husband his retro backpay all the way back to August 2019. It's unreal that the VA can make these careless errors, exasperate a veterans symptoms, cause severe financial hardship, and there's no accountability ever.
THANK YOU FOR THIS. What an important video. Every Vet that receives disability pay needs to watch this!👏 God Bless you. 💕🙂
Filing a claim demands much more of the Veteran, not everyone was provided competent assistance. The Veterans subjective complaint should carry considerable more weight in determining eligibility, whenever diagnostic, lab and Physicians assessments conflict or fail to prove the Veterans claims! I listen to how it should go, but my experience was absolutely nothing like you are explaining here! There is a level of frustration, anxiety, rage and rejection so real, that it’s kept this Veteran from seeking help for several years!
Great information!! Thank you so much for sharing.
Wow, I didn't think it was quiencidental that I received a C&P exam, and then a VA letter stating that they were going to reduce my rating (all this,, during the year I just turned 55)!!
I think I was targeted, just because I just had just turned 55.
My condition has NOT improved. It has actually worsen, and I submitted support of claim. You don't fall 10 feet off an aircraft loader, onto your back, and expect that kind of impact/injury to improve over the years. Wish me luck for my hearing, next week. It's just more hardship upon me, to have to prove.
God bless our veterans and I'm sorry for others who are going through the same hardship and having to fight endlessly to sustain their rating. I'm fortunate to have the VFW, representing me. There's no way I could of done all that endless paperwork without them.
what does your C file say about future exams ?
Really great information in this video that we never get told... thank you for what you do to help us Veterans. Keep it up.
As a former Veterans Service Representative (VSR) at the Atlanta Regional Office I would like to offer some very good FREE ADVICE to any service member thinking of filing a claim with the VA for disability compensation. HIRE A VA DISABILITY LAWYER! I guarantee you will make a mistake and once you do you cannot undo it. It is a matter of record and will always be there in the future. Do not attempt to speak to or file any claim with the VA without an attorney. In fact you should not talk with the VA at all. Let your attorney do your talking. The laws governing VA disability are vast and most are complicated and you will need professional assistance to navigate them. Also, a lot of VSR's are not well trained and they will make mistakes. They don't mean to but they will do so at times. Again, I cannot stress enough upon you to hire an attorney.
I agree with these 1000%.. i waited 4 years after put of the service to begin the process due to not wanted to deal with tje VA. Found a great lawyer. Lets just say it was one and done as long as you have récords of everything, go to appointments, and be honest with everything is smooth. Im offically in the 100 club. Good luck out there brothers.
With you being in the state of Georgia is there a group that you would recommend to help represent a veteran?
@@MH-il1lk Not sure about that. Have you summited any paper work? I started from scratch with a lawyer.. took me two and half years after appointments, and paper work. First time 100%.
@@ajalicea1091, Have you considered the folks who made this video? Why not contact them? They took the time to put this together for you. I don't know them at all. I've just watched the video a couple of times, and I've also been in sales. It's nice to get the reward of customer loyalty... at least to be given a shot. :)
You can’t hire an attorney until you been denied once. An attorney can’t file a claim for a veteran.
Thank you for watching with us! Leave us your thoughts or questions below! P.S. Lots of great information was shared in the live chat-- check that out!
Can I get in touch with you guys?
@@williammaldonado6132 my husband has been trying to get his benefits since 1990. He was forced into the army a year after they rated him 4F. During that that forced service he was reinjuried and than given an honorable discharge. He has been denied and is on his last appeal. He recently passed away, as his wife am I entitled to any of his back benefits? Are there any benefits for widows? My first husband passed in 1972 after serving his complete military time receiving an honorable discharge. I'm looking for help because I may lose my home, for financial reasons. Is there any help for me?
Cool
How safe are you at 63 years of age
Great video with the exception of your coverage of the 55 year old rules. Surprising that you covered the other protections in such detail, but then only spend 14 seconds giving one sentence on this protection. Do you have another video on this topic where you go into more detail?
In the beginning of the video Rachel nailed my disabilities and 100 P&T for bipolar 2 and 50% for sleep apnea and exercise induced asthma and I also have arthritis in both hips although not service connected for them. Her explanations of why I am P&T and that work complicates the disabilities and how I need the proper rest daily is very on point! TY Rachel and love the sweet spirit you have!
Thanks ever so much for breaking down the rules of engagement.Hard to get the facts played out to understand.Thanks again
THANK YOU !!
TDIU with 70% (P&T) - (depression anxiety and insomnia) rating and because I can't live off $3144 I need to go back to work my condition is not getting better but I will request for tdiu to be terminated. Rachel said it best I needed tdiu to rest (symptoms management) but I am in no way better haven't been to sleep it's 430 am insomnia has gotten worse as I worry constantly about going back to work. Honestly I'm tired of fighting and SSDI was denied
This video helped !
Happy New Year and many blessings to you all
Damn I'd be happy to get 500
I don't think you live in California
You need a scheduler 100% not TDIU.
Thank, now now need
You cant get SSI if youre making more than 2,000 a month.
One of these advisors here briefly mentioned the year 55 as a milestone what was the issue was never expounded
I think when a federal employee get's 55 you loose your annuity if you remarry.
If a veteran sues the VA for medical malpractice which means he suing the United States Government under the federal tort act and he "Wins" can the VA still put a medical lien on the settlement award? It says, in general, a lien is a court order placed on one settlement to satisfy the debt owed to a third person or entity. The VA is the third party and the party that was sued and lost. The veteran is rated at 100% P&T service-connected. The surgery was done at a VA hospital. Malpractice resulting in unnecessary amputation.
The VA most definitely didn't go through those steps when they dropped me from 70% to 40% last year without warning. I had absolutely no idea they were going to drop it. I was able to get it back up but it took a while. It was extremely stressful.
Sue them
@@hernandezcordovajanice6140 attorneys aren't cheap. I had to actually go to my congressman to help.
which disability was it?
@@oscarmosca1234 PTSD. The VA believes it gets better on its own so sooner or later they will take it. They do it to other areas as well but ptsd is the hardest hit. I did get it all back it just took time.
@@bvrsqzr3569 hey thanks for replying. I know i will get the letter sooner ot later. And ur saying they didnt tell u before the reduction. No reduccion letter? It probably got lost in the mail
My name is Don and I served 3 tours in Nam on a huey...as a door gunner and as a crewchief....and 3rd tour as mainteance supervisor...was wounded in 1968 ..recieved Purple Heart...I strongly feel no Veteran should his reduced or even tampered with .. we did our duty....the VA cannot do that to Veterans...Period
Sorry typo...no veteran should have his ratings tampered with...
@@donaldbass1168 If he is no longer disabled? It makes compensation meaningless.
I WHOLEHEARTEDLY agree my brotha...these folks are a joke and mostly HEARTLESS!! And most never served a day in the military and just work with the VA to hurt people who have RISKED IT ALL for this country ! That's what really ticks me off..🤨👌
what about when they change the disability name does that change the start date ?
Yo tengo.Services Conected.Y tengo 10 por ciento por Tinitus.Pero sufro mucho de dolor de cabeza.y Ansiedad y Insomnio.Zervicales y Artritis. Y en la espera de una decicion de un.juicio que fui en 2019 Agosto.Por mi Operacion del Estomago Y este Reflujo.Que no me deja vivir tranquilo.Y las Zervicales ni hablar.Fue un Honor Aver Servido.
QUESTION: Non-service-connected medical evidence VA gave veteran a rating of 100% - Veteran, at the Board of Veteran Affairs, GRANTED Service-Connection, does VA have the lawful right to reduce the 100% rating to zero? Likewise, for a Thoracolumbar Spine disability of 80 non-service-connected, when GRANTED Service-connection, does VA have the right to reduce the 80% to 10% and start all over again. VA rejecting the past 57-years (active-duty) of medical evidence?
My b/f was awarded 40% in the end of 2018. By the end of 2019, they contacted him saying they were reducing is rating to 10%. That was pretty quick. He's now 58, and he's not really doing much better. He tried to appeal, but not sure who he was dealing with. It's kind of frustrating. They tried to reduce me last year as well. I actually got an increase for my severe headaches, but reduction for seizures. Thanks for the info. This helps a lot.
I was rated 100% perm after having a Heart Surgery (stents) that they were unable to do and the surgery was stopped because of artery issues, now just a year later they want to re evaluate me at a 3rd party exam. The 3rd party informed the VA that I declined the exam which I didn't in fact I sent them documentation from my records indicating what the heart surgeon reported. What can I do or what should I do.
Good info. We Vets should assume the VBA may evaluate us again so be prepared to fight VBA for 10- 30% decreases. In practice, keep going to med and mental appointments to report symptoms to private Docs and check in with records with your VA PCP. Go to the Doc for each condition at least every 3- 5 months!
After studying the claims process and reading appeals I'm leaning toward reevaluation decreases happen when we claim increases or SMC. I don't fear the VBA because I manage my care records and have deployed a strategy to claim "103 VA points". Points means at least 3 of my condition need to be cured to bring me back down to 94 points aka 90% again. One thing I see all the time is Vets are shooting for 95- 96 points to hit 100% and stop so they're at risk for one condition being downgraded in error. Notice few VA disability calculators rarely calculate above 95- 97%?
For me and probably most disabled veterans we hate the VA math they use to get your rating … if you use simple math I am roughly 250% but I barely got to 100% and I can’t hardly stand going to the VA for my healthcare and it’s really stressful just to walk inside
If you are 100% P&T and were getting looked at for one of your conditions at an VA Out Patient Clinic and they scheduled you for an exam there that wasn't a disability scheduled re-examination. If the exam results are different than the 2 prior civilian exams which showed worsening. Can they use this to re-open your file on grounds of improvement even if its not on a claim, or is that just info for your primary care doctor?
No, va Healthcare and C&P are completely separate. They can't use records that you don't provide or they themselves don't establish (C&P exam).
You glossed over the age 55 protections
I had 100% evaluation ratings when I had my heart attack and 5 by pass. After a while I got several % reductions of my benefits. I had accepted all what they told me since I trusted the VA’s rating decisions. Now after watching your video, I am curious where to get what % ratings I am really now getting and do I get more reductions as I grow older. Who and where do I go to find out my overall ratings now?
I had my rating on my neck reduced by 10% because my doctor worded something wrong in my medical records. Do I have some kind of recourse for that?
I got TDIU that BVA granted and 2 months later the VBA awarded me 100% P&T schedular.
You were then able to work correct?
@@marcalexander6450 if you are 100% schedular yes..but I don't work...retired and loving it
Outstanding video. Very informative and very well put together. Do you have a video for (FDC) Fully Developed Claims?
What does static p&t mean
What about when I first put in for my disability and the time it has taken the VA to rate me for that disability? Because A LOT of time has passed. Thank you.
If I understand your question correctly my research shows that the Clock starts when your decision is made so the date atop your Decision Letter is the Official date and a re-examination can occur 2 to 5 years from the Decision Letter date which is on the top first page of your Decision Letter. Semper Fi’
If you have done your appeals and kept on claims you will be played back pay to the date claim was filed.
How about after a certain age?
So i’ve heard that veterans who are already rated 100% P&T shouldn’t rock the boat and file any claims. I’ve had problems with my lungs and treated for asthma but never diagnosed by VA. So is there any benefit to filing a claim, or would I just cause myself trouble? Thanks.
If you have 100% P&T, don’t poke the bear! New claims will re-open everything and you will put yourself at risk for a reduction. At 100% P&T, even if your asthma is not service connected, the VA will still pay for all other issues, prescriptions etc.
In 2019 I had an evaluation and wound up losing 10% from a 3rd party evaluation source. I couldn't believe it. What can I do now? The evaluator used my education against me while I was in the evaluation and became angry!
Explain total ratings. Is that the end of fighting for anything?
Please so in CC for hearing impaired
What about static?
Do the time rules still apply if I rejoined since the rating? For example rated in 2006, I rejoined in 2007. Asked va to Stopped payment. I am set to retire in 2 years
I have a 10 percent rating on one knee that was a total replacement. What rating sure it be
You need to contact a local VSO. Total knee replacement has a minimum rating of 30%. You have a CUE on your hands, possibly.
I see all private docs with concierge medicare coverage, including a military psychologist. Touch base with VA every 6 months. I have TDIU P&T for 11 years attached to 70% that is in effect for 21 years.
Under 10 year rule a disability cannot be taken away, only reduced. Is TDIU protected from reduction when attached to 21 year old disability?
I am 66 years old under IU and rated permanent and total they cant mess with me!!!
Great
No
Recently rec'd 100% (Not TDIU) P/T at age 69, w notice of no exam's scheduled. Ratings: 10, 10, 30, 30, 50, 50, and solid 100%. If I attend any/all yearly checkup's, receive and take med's, do I still face re-examinations down the road?
I am being followed and filmed, I am a 100% P & T for PTSD, since the yr 2000 and I'm over 70 yrs old, can they take away my 100% P&T
What if you receive a Total rating after 3 decades at 100% and P & T?
Am I protected if I was medicaly retired from the army at 100 p and t
U S Army 11B infantry. 1 tour in Afghanistan. 100 percent T/P for PTSD. Can VA reduce the rating anytime if I am total and permanent.
no way you good
Need more clarity on the 55-year-old rule
VA would most likely leave you alone and not look into reducing your disabilities when you reach 55
Question, my VA backpay shows pending, in your opinion when will it hit my bank account, NOV 1st or some random day this week?
@18:00 min so yall talking about a 30-day notice has to be given. how come the VA sent me info i was goin to get a reduction and also the packet that it had already been done both dated the same date?
At what age can VA not do a reexamination?
5 years
Filing iu...its just another way for VA to look for reasons to reduce by opening up a new claim for it
Every time the VA does a re-evaluation I noticed the established date changes to the new re-evaluation date. So how would a Vet get to 10 years? If every 5 years or so they change the established date to reflect the latest evaluation. What am I missing?
They are not supposed to do that. You should get a VA disability lawyer
How does combined protection work? I have been rated 100 percent for a mental condition for over five years.
So you guys glossed over the 55 year
What if you disagree with the VAs proposed “effective date” that is YEARS off from the actual beginning of the symptoms etc. for instance making an effective date 2013 despite having applied in 2010… not only this but the symptoms began in Iraq in 2004…and were severe.
Q. If the veteran becomes 100%P&T...and the vet goes to the VA docs several times a year, can the VA reduce the rate?
following
Bro, if the VA can show sustained improvement over several examinations, they can propose a reduction. Sustained improvement over time can in fact open a preposal to reduce. P&T contrary to what many say IS NOT A PROTECTION! Just maintain treatment and do not open a new claim and your static conditions should hold.
Semper Fi!
@@captainhargrove113 a lot of ifs.
The P&T doesn't require further examinations....when you go to the VA doc for a yearly physical you don't discuss how great your condition has become....you get treated and your meds and you leave....unless you committed fraud....good luck in taking away a P&T...the burden of proof is on the VBA...not a simple thing for VA to prove..its a legal process
@@tommarinevet fully aware of the process brother. Im 100 P&T for Parkinsons and 16 secondary conditions. I had my 3rd re eval since becoming 100p&t. The last was Dec 2019. My illness has no known cure and limited treatment. As such, the information I offered earlier is based on me being re evaluated 3x with A total of 17 static conditions. All because my VA primary noted my balance was "improved ".
I assisted another Maine in April who held 100 P&T six years, he is now 80% due to sustained improvement.
Best to you.
Semper Fi.
@@captainhargrove113 thanks....sorry to hear your ordeal with the VA.....I'm at 100% P&T schedular and over 65...all mine are musculoskeletal and getting worse....as age cripping up...thanks for your input and knowledge, Semper Fi
The protected time frame is that a time frame from your first evaluation and given a rating or is it as of last T and P exam plus 20 years. I have had a rating since 1992 but was given permanent and total 100% back in 2017. So 20 years from 2017 or 1992?
What about someone who no longer has a thyroid, on thyroid medicine for life to live, and VA wants to reduce benefits from 100%? Any recourse?
For more information on rating reductions, what VA can and cannot do check out our blog here :cck-law.com/blog/rating-reductions-what-va-can-and-cannot-do/
@@CCK_Law thank you! 🙂
Thoughts on currently working full time and planning to do tdiu in future, currently sitting at 50% and a 0% for migraines once i gather enough evidence to submit for an increase and get to 70% will do tdiu should i quit job now or wait until then.
Hello, Combat Craig. I'm a U.S. Navy veteran and I would like to know how I can join the Hondo Club. Thank you!
I might be filing a claim for a Mental Disorder that I have been suffering for 20 years and if granted does that twenty years will work for me in favor? Or not because I am just now filing for it.
My friend has a P&T since 2006 is he safe from reducing.
Hello, yes generally Veterans rates as P&T are protected from reductions in the future: cck-law.com/blog/faq-friday-permanent-and-total-pt-disability/
@@CCK_Law his wife has vachamp and his letter says P&T but this years form is 2 pages long and it used to say no future exams but did away with that language on it .but would he never still have exams all others of his awards letters say that but the last 2 years .
@@CCK_Law they lowballed me on my knees and they are super slow on claims
Do your company accepts private representation for veterans disability denials by the VA ?
They do, call them
This is Don again I am
100 % disabled due to
scrapnel wounds and
Direct contact with Agent Orange.. I have lost my Pancreaus..Spleen..
Galdblatter and 1/2 my
right lung to multi myaloma...I would be
irrate if VA reduced my
ratings for no certain reason....Thanks guys lets not let that kind of
treatment happen.
Are you 100% P&T?
So at 5, 10, 20 years you get a reeval?
I am service connected 100% Disabled MST. Had been in treatment for 7 yrs. before applying and receiving my benefit with VA. I am still being treated at the VA. Can my benefit be reduced or severed?
Yes. Did you even watch the video?
Does the age of the veteran influence any of these?
My husband was 100% total and permanent disability for 11 years, for TBI. They then rated him 90%, this has caused him further decline trying to fight it has been difficult We have his medical diagnosis x2 that reflects.
How did he get reduced if he was already P&T ? P&T can't be reduced unless fraud was proven.
@@theinvestorssquad8752 I’m curious also unless he also tried to get some additional ratings!
@@alalamari Thats probably it. Filing a new claim
He must have filed a new claim, because once you are 100% P&T they can't reduce your claim.
Maybe one of the disabilities that got him to the 100% was not static and came up for review. Probably wasn't 100% just for TBI.
Fuck me!! Everyone asks why I waited so long I just turned 40 and filed a claim for an orbital fracture requiring surgery to install a plate over my orbital rupture which happened 20 years ago in the line of duty but this seems like torture to have to convince people what it already says on paper???
There are a lot of Veteran organizations which would be happy to assist you. Call a local Vet org nearby you and I am sure they would be able to help you with the process.
How is "gainful employment" defined. What income level defines it?
Hello Keith, "gainful employment" essentially means a job that pays above the federal poverty threshold: aspe.hhs.gov/2020-poverty-guidelines
Christian, great topic. Please correct your lighting. A bright window behind you without spot lighting,
Makes you hard to see.
I've had TDIU for 7 years, and have P&T. If I work can my rating be reduced?
I have Ulcerative Colitis. My entire colon , but for a small portion of the rectum was removed and a j-pouch was implanted. The VA gave me a 100% rating. There is no cure for this disease and I can’t get my colon back. I can have several weeks, months with improvements, but it will never be sustainable as anyone with Ulcerative Colitis knows flare ups are inevitable. I believe I should be rated permanent, does anyone have advise or some insight for my specific situation?
Contact Dr Eric Berg from YT....he might have some nutritional things that can help. I have IBD/Crohn's but not like yours... I manage it through diet and pain meds.
@@chordsofgratitude2073 thank you 🙏🏽
I also have Ulcerative Colitis but the VA rated me only 30%
@@TheIcxikul I was initially rated 30% as well. It’s typical of the VA to rate a veteran at the lowest rate first. You have to continue pulling up your medical records and keep submitting claims to increase it. I’m now at 100%. I believe 3 more years my 100% becomes listed as permanent.
@@frankie142622 Thanks for the info. I’m in the process right now. I know it will take time.
I'm 55 y.o., and 90% TDIU P&T. I was granted TDIU 12/01/19, and my effective date of disability is 02/09/17. When does the clock start ticking toward the 5 year rule, or am I okay since I'm 55?
You’re P and T. You are protected unless you go back for c and p exam that you initiated.
I did just have a Exam the first of Nov. my cancer is still their but real active they said I would die of old age first but I still have a lot of trouble urinating because of prostate.
I have a letter from VA and it say that they can never legally take away my 100% p&t , why do say they can take it awa r vhf
Let's discuss the Lejeune water problem. Can a Vet, receiving 100% now seek damages since the recent rulings without fear of losing his award?
Hello, what if you filed for sinusitis and the symptoms are present almost continuously but because of allergy season your nose is runny and there is no evidence of the congestion that normally is present and the claim is denied because the c&p examiner says there is no evidence of sinusitis at time of the exam. What can be done then?
Can you be more specific about the 55 yr old rule
So if you have more than one service connected condition can they reduce any of them in u file a claim for secondary to one service connected condition...???
What about a 0% rating that disappears off of the V.A. records. A rating the remove without a exam?
So now that the VA is outsourcing disability exams . Does the VA base these finding on their evaluation. I got rated 60% disability December of last year I got out of the service in 1996 . When Does the rating clock start .
The rating clock starts on the date of your rating's "effective date."
Which is typically the date you filed your claim ...intent to file date.
My research shows the Clock starts the date of the Decision Letter. So just look on the top of the first page of your Decision Letter and you can get a re-examination 2-5 years from that date.
@@rbatessssss
Can anyone verify this is correct? I can't find anything official.
@@bennyhanna6 ... Obviously it can only be one of two dates. Either the date you submit your Claim or the date you are granted your Benefits. You have some Claims that take years to be resolved so it is only logical that the VA would use the date that the Veteran is actually granted his or her Benefits which is the date on the top of their Decision Letter. Sort of reaps of Common Sense.
Thank you very much.
I am totally and permanently disabled can it be reduced or changed? If I have a disabled condition like replace a rated knee replaced reduce my rating?
Great information thank you
Thanks for sharing
Not really related to this video however. I personally have used your videos to win my 100% by myself no lawyer except for yall
my ex husband is a 15 year veteran. he needs to be put in a skilled nursing. he has renal disease stage 4. his bed ridden an his mental comprehension is almost signs of dementia. VA is not helping him. can you all guide us on how VA can give him a higher disability. he has a lot of health issues. please help
If he has a service connected injury that requires nursing home care, the VA will provide it, and should raise that to 100%. Hopefully he is being seen by the VA so that his medical needs can be properly evaluated for these purposes. Get assistance from a service rep there. DAV may be a good choice if he is disabled.
Can you please send me what I said y'all tonight and like I said I did wrong on it please send me the paperwork to that too
Great video thank you all. I had a question but it is rather complicated sadly.
Please feel free to message us with any questions you may have!
If one has a static rating and claims a secondary, could that reduce ones overall rating?
Hello! Our blog on secondary conditions may help to answer your question: cck-law.com/blog/what-is-a-secondary-service-connected-disability/
@@CCK_Law thanks so much for your assitance.
My husband had his ratings reduced while he was having surgery on his skin saying he was better when they sent him to get surgery on his skin an he has skin flares all the time an they still give him medicine for his skin this was crazy an the meds stains his clothes an we have to replace his clothes its crazy an no ones looking into it
Contact a local VSO. They can help him. Don’t do it alone.
@@MrGchild14 He should also be getting clothing allowance.
How do I respond to the VA letter to reduce my rating? The letter does not say.
From the date of the letter, you have 60 days to submit evidence if you believe the reduction is not warranted. Within the first 30 days of the 60-day period, you have the option to request a hearing to be conducted by VA personnel unrelated to the proposed reduction cck-law.com/blog/rating-reductions-what-va-can-and-cannot-do/
how long after u were awarded ue disability did u get this letter? i was awarded ptsd last year.
My husband was given 100% non-service connected PT disability for several years (2004-2006). When he died in 200,6 they reduced it to 10%. Is there a way to get it changed back? A surgery ay the A left him with a permanent MERSA infection with 45 day infusion therapy. Two days after leaving the VA hospital for a leg surgery, he developed a 106 fever that almost took his life.
Do you get benefits?
My pain has worsened in service connected disabilities. I had a C&P in July of this and one of these was reduced instead of increased. My pain levels were documented for the most part. I have been disabled since 2004, but I had the rating that was reduced since 2009. I requested a higher level review. What are my options if that doesn't work out?
I had this happen to me a few years ago. After fighting for 8 years to get 100%, they added a 5 year review to it. After that 5 years, they reduced my rating to 80% because they said my scar from my heart surgery healed and that was part of their decision to give me 100%. I don't understand how they can do this especially when my neck, ribs and lower back are fused, I have a Mechanical Heart Valve, on blood thinners and blood pressure pills for life, Anklyosing Spondalitis (AS) from the bad batches of Anthrax vaccinations, IRITIS as a side effect of the (AS), Remicade Infusions every 5 weeks, and sleep apnea.
I personally know people that are 100% permanent just because they said they have PTSD. This is a screwed up system.
Kyle Stone -- You need professional assistance from a VA Disability Lawyer. I highly recommend you hire one ASAP and follow their advice to the letter. Good luck to you.
I want you all to send me the paper when I first got in the service and I let the doctor said and send me the paperwork with all the people after sent down my whatever you have in my phone please send it to me so I can straighten out what y'all saying I didn't write it
I have been tdiu 80% payed at 100% rate .I have had this rating for going on 13 years now .it does say to yes . I am over 65 ,can I be reduced because it says 80% not a100% but I am getting payed 100% .my wife has champ VA as well . Can the VA reduce me ? . My award letters says no further exams I have ha tdiu or for 13 years and 67 yes old .THANK YOU
I was reduced from 40% to 10% within 3yrs.
So with a 100% p&t tdiu unemployability with no future exam VA can take away your benefits
The VA comes up with a reason to say you owe them a debt to screw you out of money now.... Then take a huge cut of your service connection disability pay every month. They have a hold on collecting debt a grace extension which end's next month.
Travel Light they did this me.