Jim,
I am a Vietnam Veteran and served in country 1968 to 1969, Marine Corps. I heard about PTSD in 1970. I did not think it concerned me for over thirty years. After two divorces with social, legal problems I applied and was awarded 30% in 2000. I requested an increase in 2002. It was turned down to remain the same. I applied for an increase in 2005 and was raised to 50%. I was encouraged to ask for another increase. At this point I feel greedy, but I felt like I met the criteria.
So in late 2006 I applied and was turned down to remain at 50%. Most recently, 2010, I moved to a new area and applied for an increase in my PTSD. In addition, I had a new claim and took a hearing test for Tennitus. Counselor suggested I request a copy of the latest psyc.evaluation. There were comments from the doctor saying” indicated a decrease symptoms of P.T.S.D.”, another report from 2009 states, “It appears that over the course of treatment, his symptoms from P.T.S.D. has decreased.” It went on to say Diagnosis: Meets diagnosis criteria for P.T.S.D., chronic, mild and adjustment disorder. There were other comments which seemed to support my claim. I am not working now. I asked my counselor if they were going to decrease my present rating. I was told that that is the chance you take when reopening a claim. Wished I had heard that before doing all this. If they decrease my present rating will it go back to 30% PTSD? Or will they take it all. I think I may be approved for an extra 10% for the tennitus. Counselor said I would receive an official determination in 60 to 90 days. I am not prepared to lose my present rating and I’m trying to get information prior to that time so I can prepare. My meds and health care are covered at 50%. Will that go away too? I am very troubled. Thanks
Reply:
I do wish counselors, VA doctors, social workers and others wouldn't dabble in disability benefit predictions. They aren't part of the decision and rarely know how decisions are reached. The decision is a product of the Regional Office and is made by an individual sitting alone at a desk and reviewing your file. The timing is very hard to predict as the RO's are far behind.
In any case, it is a fact that any time one asks for an increase to an existing rating, it's always a risk that the decision can be made to lower the rating if there have been measurable improvements to the condition.
A rating is made to reflect the level of disability in the moment of the decision, not past or future symptoms.
I generally advise that prior to seeking an increase that a veteran should be very sure that he or she meets the standards for the increase they are asking for precisely. This is accomplished by
studying The Schedule For Rating Disabilities and determining the rated condition and comparing what you find to the symptoms of your own condition. Once that's done you must look at the evidence that you'll rely on to determine if you have enough to reasonably prove
your case.
Only then do we ask for an increase of a rating.
If the VA should decide to reduce your rating, there is now way to predict just what % it may be assigned today. It will depend on how that rater sees the evidence presented. I've worked with cases of a 60% veteran seeking an increase to 70% and being lowered to 10%. The rater should try to accurately match your real life condition to The Schedule.
If there is a move to lower your rating you'll receive a "notice of proposed adverse action" that will explain to you just what VA proposes to do. You will be advised of your rights to appeal and the
instructions will tell you how and when you must submit an appeal.
Generally, if you challenge the notice to lower your rating, you can salvage the rating you have. VA must provide good reasons to lower an existing rating and many go unchallenged because the vet gives up without any protest.
There is no way to predict what will happen to yours. Unfortunately, the remarks that your condition has improved are good news for your health and well being, not so good for your rating.
The law requires that you be accurately rated for the moment. That usually isn't a real world occurrence and many of us do get worse without a proper increase. It's also true that many of us improve over time and when noticed, VA is required to adjust the rating appropriately.
You will have to wait and see now. I wouldn't try to do anything now...you can only wait until you get the decision letter and then act according to what you read. You may even get that increase...one never knows.
While you wait I suggest you take advantage of the links I've included below in this email and do some reading. You'll be able to learn about how the process works for you and be better set to handle your benefits in the future.
Save this email and let me know when you hear from them and I'll do what I can to help you decide the next step.