VA Question

Dave413

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All,

I'm currently rated 100% P&T with Chpt 35 benefits by the VA. Just been referred to the MEB for retainability in the Air Force Reserves.

My question is, can my VA benefits be potentially reduced as I go through the IDES process for evaluation or can the MEB use my ratings that the VA have already approved July 2018?

Thanks in advance.
 

RonG

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Re: “I'm currently rated 100% P&T with Chpt 35 benefits by the VA. Just been referred to the MEB for retainability in the Air Force Reserves.”

As you know, the “P” in “P&T” means permanent. The condition is described at LINK to law <—-

The VA does not require regular re-examinations of Permanent & Total Ratings. That is the basis for the “cannot be reduced belief.” However, if one has a VA reexamination associated with another process, I can see where there could be a reduction.

You might want to visit with Jason Perry @Jason Perry and or @chaplaincharlie for an explanation based on experience or anecdotal evidence.

LINK to protected ratings info sheet <—-

Excerpt:

“Claimants should not confuse a "Permanent and Total" ("P&T") rating with a "protected" rating. A P&T rating is not a protected rating. What VA means by "permanent" is that the condition is assumed to be unceasing in nature and not likely to improve. "Total" means that the maximum rating has been assigned. As a result, VA will not schedule a P&T claimant for the routine medical examinations required of other claimants. However, if VA becomes aware of medical improvement, a P&T claim can be reduced just like any other claim. Claimants with a P&T condition should keep this in mind when considering whether to file additional claims because the resulting C&P exam could provide VA a basis to reduce the P&T claim. This could result in a lower total rating, even if the new claim is granted.”




Ron
 

Dave413

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Ron, thanks. Just don't see the need to have to go through another whole eval for something that has already been done and rated.

Dave
 

RonG

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Ron, thanks. Just don't see the need to have to go through another whole eval for something that has already been done and rated.

Dave
Dave,

I am not familiar with the IDES and PEB processes so you might consider discussing the matter with the two SMEs I mentioned. Another is @oddpedestrian

Ron
 

Jason Perry

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All,

I'm currently rated 100% P&T with Chpt 35 benefits by the VA. Just been referred to the MEB for retainability in the Air Force Reserves.

My question is, can my VA benefits be potentially reduced as I go through the IDES process for evaluation or can the MEB use my ratings that the VA have already approved July 2018?

Thanks in advance.
Dave413,

You should not take any of this as definitive or even as advice. These are just my thoughts.

The IDES is a "strange animal" as to the intersection of DoD and VA decisions. Technically, the DoD is bound to apply whatever ratings the VA determines as to your unfitting conditions (that are determined by the DoD, or in your case the AF).

Can you be reduced on the VA side based on DoD/AF IDES processes? Not immediately. And any such reduction would be unlikely. However, I won't say that as a result of findings and the processes that it could not happen. I just think it is highly unlikely and on the VA side you have a lot of rights in any such theoretical possible outcome. Basically, if you asked me to say just yes or no, I would say no. But, if there was some proposed VA reduction, you have a lot of rights to challenge any such proposal. Bottom line, it is not likely at all that this would happen.


Ron, thanks. Just don't see the need to have to go through another whole eval for something that has already been done and rated.

Dave
I understand your wondering why you might have to go through another evaluation. It is less than efficient and is likely a waste of time. But- in some cases, it is to the betterment of the member and you could look at it as a necessary step to protect your rights. Maybe your condition has worsened and the DoD and the VA have to consider that you might be due additional benefits (I am using "you" here in the general....given your 100% P&T rating, it is unlikely this is your situation). But, this IDES process is meant to look at folks' current situation.


Unless you have recovered and gotten substantially better, I would not be overly concerned. If they come up with some erroneous findings, you have the right to challenge/appeal, as appropriate.

I hope all goes well for you. Best of luck!
 

chaplaincharlie

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A re-rate can happen. Permanent means the VA will not call you in, but the IDES can drive an evaluation.
 
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