Jim,
A Big Hello! First, Thank You Sir for Helping Out All the Veterans!!!!! I Salute You!
Now I'm asking you Sir to help me understand my Department of Veterans Affairs Decision Letter that I received.
DECISION
1. Evaluation of post traumatic stress disorder, which is currently 30 percent disabling, is increased to 70 percent effective October 12, 2005.
2. Entitlement to individual unemployability is granted effective October 12, 2005.
3. Basic eligibility to Dependants' Educational Assistance is established from January 12, 2007.
REASONS FOR DECISION
1. Evaluation of post traumatic stress disorder currently evaluated as 30 percent disabling.
We have granted an increase in disability evaluation to 70 percent for your service connected posttraumatic stress disorder effective from October 12, 2005, the date your records demonstrate a clear and sustained increase in the severity of this condition as it relates to the regulatory criteria governing the evaluation of psychiatric disabilities.
2. Entitlement to individual unemployability.
We have determined that you are entitled to additional compensation based upon qualification for individual unemployability. This benefit is granted effective from October 12, 2005, the date your service connectected disabilities met the crieria required for entitlement.
3. Eliigibility to Dependents' Educational Assistance under 38 U.S.C. chapter 35,
We have also found you are entitled to Dependents' Educational Assistance because the evidence suggests that your service connected disabilities have become totally disabling ( by virtue of your individual unemployability status ) on a permanent basis.
Eligibility to Dependents' Educational Assistance is derived from a veteran who was discharged under other than dishonorable conditions; and has a permanent and total service-connected disability; or a permanent and total disability was in existance at the time of death; or the veteran died as a results of a service-connected disability. Also, eligibility exists for a serviceperson who died in service. Finally, eligibility can be derived from a service member who, as a member of the armed forces in line of duty by a hostile force; or forcibly detained or interned in line of duty by a foreign government or power.
REFERENCES:
Title 38 of the Code of Federal Regulations, Pensions, Bonuses and Veterans' Relief contains the regulations of the Department of Veterans Affairs which govern entitlement to all veterans. For additional information regarding applicicable laws and regulations, please consult your local library, or visit us at our web site, http://www.va.gov/ _________________________________________________________________________________________
Rated 30% disability for PTSD at a earlier date, which I don't recall the date
Rated 70% disability for PTSD in 2005
Rated 30% for individual unemployability in 2005
I've had this 100% rating since 2005 to 2013, which is 7 years.
Out of this 7 years on 100% rating for disability for PTSD and Unemployability have I ever had a re-examination by the Department of Veterans Affairs.....
No where in the decision letter does it state: "NO FUTURE EXAMS ARE SCHEDUALED." and/or anything concerning one word about this.....
The decision letter I see it does state: Elibility to dependents 38 USC chapter 35 suggests that your service connected disabilities have became totally disabling ( by virtue of your individual unemployability status ) on a permanent basis. It also states: "Veteran has a permanent and total service-connected disability, and etc. and etc. as stated in my decision letter from the Department of Veterans Affairs.
I'm 63 years old, and I only have 3 more years for 10 years @ 100% total and permanent disability.....
But you stated: "20 years for protection to not have VA decrease your rating."
So, am I protected by the 100% disability on a permanent basis, and permanent and total service-connected disability, and/or can the VA take this rating away?????
I get very stressed out wondering if the VA can take my total and permanent service-connected disability away after 7 years I've been on it, and no re-examination by the VA.
What is your feedback concerning this?????
Please help me understand their decision letter!!!!!
Thanks! Semper Fi!
Sgt. E-5 USMC 1968 to 1975 Vietnam Veteran 1969, and 1970-71
Reply:
The way VA defines "permanent" doesn't make sense to the rest of the world. The word permanent doesn't mean permanent. For that matter, the word total doesn't mean total when discussing a disability. These are just terms to VA and they define them very loosely.
Finally, there really isn't a protected rating. Any rating can be modified by VA at any time, depending on the circumstances.
In very broad terms, a 100% "P & T" rating changes a bit when you've held it for 10 years. It doesn't matter is it's a schedular or a TDIU rating, at the 10 year mark your spouse becomes eligible for DIC benefits no matter how you die. Before the 10 year mark, you must die of a service connected condition or your spouse won't be eligible for DIC.
How do you know if your benefit is P & T? You look for phrases that say, "no future exams" or "eligibility for Chapter 35 DEA is established" or "Veteran has a permanent and total service-connected disability".
This is where it gets confusing. VA uses the word permanent to indicate the eligibility for a benefit, not for any other reason that would reflect true permanence. The important benefits that a 100% permanent rating make your dependents eligible for are the DIC benefit for a widow, the DEA benefit (usually for your school age children) and CHAMPVA for all dependents.
The rules that govern this are even more confusing. In the CFR there are any number of disconnected topics that are references to these benefits; § 3.104 Finality of decisions, §3.105 Revision of decisions, §3.461 Dependency and indemnity compensation, §3.702 Dependency and indemnity compensation, §3.951 Preservation of disability ratings, and §3.952 Protected ratings.
You will find all these and more here http://tinyurl.com/bvvn99d
The ones that you're concerned about is:
§ 3.951 Preservation of disability ratings.
(a) A readjustment to the Schedule for Rating Disabilities shall not be grounds for reduction of a disability rating in effect on the date of the readjustment unless medical evidence establishes that the disability to be evaluated has actually improved.
(Authority: 38 U.S.C. 1155)
(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.
and
Title 38: Pensions, Bonuses, and Veterans' Relief PART 3—ADJUDICATION Subpart A—Pension, Compensation, and Dependency and Indemnity Compensation
§ 3.22 DIC benefits for survivors of certain veterans rated totally disabled at time of death.
(a) Even though a veteran died of non-service-connected causes, VA will pay death benefits to the surviving spouse or children in the same manner as if the veteran's death were service-connected, if:
(1) The veteran's death was not the result of his or her own willful misconduct, and
(2) At the time of death, the veteran was receiving, or was entitled to receive, compensation for service-connected disability that was:
(i) Rated by VA as totally disabling for a continuous period of at least 10 years immediately preceding death;
(ii) Rated by VA as totally disabling continuously since the veteran's release from active duty and for at least 5 years immediately preceding death; or
(iii) Rated by VA as totally disabling for a continuous period of not less than one year immediately preceding death, if the veteran was a former prisoner of war.
The bottom line is that if you are rated as 100% P & T, you have little to worry about. It's very unlikely that your rating will ever change. However, there are never any guarantees from VA. "Protected" and "permanent" don't mean protected and permanent.
Once you accept that VA uses language that isn't consistent with what most of us speak and math that doesn't add up like the rest of the world, you'll understand more of how how VA operates.