I'm a bit late on this post but I appreciate the help in advance. I was wounded in Iraq, just got out of active duty and got rated at 100% for TBI (temporary), 30% for loss of vision in one of my eyes, 10% for something to do with me broken bones and loss of range of motion. Now I understand that I am going to get 100% and I am subjected to a reevaluation in about a year. My question is, should I apply for a permanent rating? if so, do you think my rate would drop way too low?
Only reason to do this would be because of my dislike of uncertainty and quite honesty I do not believe I am going to get better, I spent two years in a WTU during my rehabilitation (that was 8 years ago) and my TBI if anything has gotten worse. What would be your advice?
Jim's Reply:
There is no mechanism to proactively apply for a P & T status of a rating.
Permanence of a rating is determined by the type of rating (mental health, broken bones, physical wounds and scars, etc.), as well as the age of the veteran.
Age is a factor because VA and other disability rating agencies don't want to assign a label of permanently disabled to a younger person who may well show some measurable improvement with treatment over time.
Most disability raters use age 55 to determine when an individual will show less chance of improvement and to enter the mainstream working world.
If you try to apply for a permanent rating, the VA will automatically subject you to another C & P exam. During the exam the examiner may note a perceived improvement in a rated condition and then VA will probably propose to reduce the 100% rating.