Question:
I am 59 years old. Since 2016 I have had a 100% rating for major depression with sleep problem. I was scheduled for a review in April 2021, but this hasn’t happened yet. I am NOT considered permanent. I have a high school senior who will be going to college in the fall. I would like to be eligible for DEA chapter 35. Is there anything I can do to get this?
Jim's Reply:
There isn't a formal path to convert a temporary rating to a permanent rating with the benefits you seek. The difference between a temporary 100% rating and a permanent 100% rating is more or less focused on 2 additional benefits...CHAMPVA and Chapter 35 DEA. It's unfortunate that you find yourself in this spot...it isn't unusual that a lot of vets are as frustrated as you are while in this predicament.
I recommend that since there is no formal path (no VA Form to submit, etc.) that we never ask to have our temporary 100% rating changed to a permanent status. Any action along those lines will trigger a C & P exam and there is no guarantee it would happen soon enough to be of any help to you and it could cause a problem.
During that exam the goal of the examiner will be to determine if your 100% rating is 'static' with no reasonable chance of measurable improvement of your disabling condition in the future. Should the examiner determine that you have measurably improved you could lose the 100% temporary rating and be left with a much lower permanent rating.
The determination that you have measurably improved could be supported by the fact that you're aware of the benefits that you're not receiving and since you're logically working to be eligible for a 100% permanent rating, you can't be eligible for that rating.
Catch-22 is alive and well at your VA! We have to be careful what we ask of your VA, we never know for sure what they'll deliver.
I'm sympathetic to the financial obligation you'll face and I can only offer that your 'future exam' of April 2021 isn't running as late as it may seem. The VA has lost a lot of C & P exam ground during the pandemic and they're scrambling to catch up. Estimates of how long it'll take are all over the map but if you can hang in there, your exam will be coming...eventually.
Keep track and carefully document financial records so that if there is an opportunity to collect some retro benefit you'll be able to do that. When you do get that exam, mention to the examiner that your rating should be permanent by now...that's where the decision will originate. Good luck sir.