When do I need to notify the VA of improvements if I get disability?
Question
Jim,
I was rated at 100% P&T for MH (several concomitant conditions, no PTSD) several years ago and was assigned a SMC code S (housebound).
While my overall condition has not significantly improved, I am no longer totally housebound. How do I notify them of this? I assume I am obligated to notify them since I am P&T with no future exams scheduled.
Thank you.
Jim's Reply
While the law allows a veteran to deny a benefit he or she is eligible for, you aren't obligated to notify VA of any improvements to your rated condition. There's a reason for this...you may not sustain the perceived improvement over time. We tend to think of lasting improvement in disabling conditions, particularly mental health conditions, in terms of 5 year periods. If there isn't solid evidence of sustained improvement lasting at least 5 years, then there isn't truly "sustained" improvement.
If you were to notify VA that you thought your current improved status would merit a reduction in your benefit, they would likely subject you to a mental health C & P exam before removing the rating...a lot of fuss and bother.
Then, if in a year or a few months or whatever you were to relapse and need some help, you'd have to apply for the benefit again. You know what that means...another C & P and so on, more fuss and bother.
In terms of "housebound", VA doesn't usually use the word to describe a veteran who is actually housebound. If you have a 100% rating and then another 60% rating, you're eligible for the housebound benefit whether or not you're actually unable to leave your house.
Your intent is honorable and good, you're obviously trying to be honest and to avoid future problems. That's commendable! But you aren't doing anything wrong by moving ahead with your life as you're able to.
I do have to qualify all that just a bit: If you are TDIU...the unemployability benefit rating...and you returned to work with the improvements to your condition, you'd have to report that via the annual 4140 form.
Otherwise, doing nothing right now is the best option.
Jim
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