Re: "Clearly states i am not expected to ever improve and will not be rescheduled for reevaluations. Also everything else i read and hear pretty much states P&T is pretty much for life. I also know that nothing is truly and completely protected and the VA does have the right to reevaluate anyone they wish. But its a pretty safe bet that if i dont ask them to reevaluate me for this MEB..."
I agree that you would not be rescheduled for reevaluations. In retrospect, the reduced ratings of which I have read
might not have had the "permanent designator".
Here is a nice summary i found this morning:
Protected VA Disability Ratings
Congress has determined that under certain conditions it is not necessary for VA to expend resources to check on a veteran’s service-connected condition. As a result, some disability ratings can become “protected.” A protected disability rating is a VA disability rating that cannot be reduced or revoked by VA in the future. This is known as a “
protected rating.” There are several types of protected ratings, including the following:
Stabilized Ratings: 5 Years or More
Any rating that has remained at the same level for five years or longer is considered “stabilized.” In addition to the general rating reduction rules that VA must follow (see above), VA must also show sustained improvement in your condition. This means two things: (1) VA cannot use just one re-examination to show “sustained” improvement. Rather it must show through medical records as well as a C&P re-examination that you are not just temporarily experiencing improvement; or (2) VA must show that evidence in your claims file predominantly demonstrates “sustained” improvement. In either case, VA must provide an explanation of why they are reasonably certain that your condition will continue to show sustained improvement.
100% Total Ratings
VA can reduce a total rating (i.e., 100% disability rating) only if there is material improvement in the veteran’s condition. In addition to the general rating reduction rules, VA must provide evidence that the veteran’s condition has improved such that there has been an observable change in their ability to function under the conditions of daily life.
VA Ratings at 10 Years
VA cannot sever service connection for Veterans who have been rated for that condition for 10 years or more. VA can reduce a Veteran’s rating, but not terminate benefits unless there is evidence of fraud.
Continuous Ratings: 20 Years or More
Service-connected conditions that have been rated at or above a certain disability rating level for 20 years or longer are considered “continuous.” VA cannot reduce a continuous rating below the original level (unless they determine the rating was based on fraud). For example, if a veteran’s service-connected depression was originally rated at 50% disabling and fluctuated between 50% and 70% over the next 20 years (without dipping below 50%), VA could not reduce the rating below 50%.
Permanent and Total Disability
If VA rates you as permanently and totally disabled, your disability rating should not be reduced.
Permanent and Total Disability means your service-connected condition is 100 percent disabling with no chance of improving. As a result, VA will not schedule you for any further C&P examinations.
TDIU Ratings Are Not Always Permanent
It is important to note that the Total Disability Based on Individual Unemployability (TDIU) is not always permanent. For veterans that have been granted entitlement to TDIU, VA can only revoke TDIU status if “actual employability is established by clear and convincing evidence” (38 CFR § 3.343(c)). In other words, VA can only sever your TDIU status if you have been found to be capable of substantially gainful employment. It is important to note that in order for the employment to be substantially gainful, the veteran would have had to be employed for at least 12 consecutive months and earning over the federal poverty threshold.
Ron