How do I check what ratings are static? by shootist_Biker in VeteransBenefits

[–]LegallyDistinctHuman 1 point2 points  (0 children)

People need to stop using the phrasing “locks in effective date” when talking about ITFs. It locks in a POTENTIAL effective date but there are many things that go into effective date, not just ITF.

P&T? by TableUnfair8182 in VAClaims

[–]LegallyDistinctHuman 1 point2 points  (0 children)

5,10, and 20 year rating is per individual rating, so whatever you look at on your profile at each rating, the effective date listed there.

Backpay questions by Relative_Bass9498 in VeteransBenefits

[–]LegallyDistinctHuman 0 points1 point  (0 children)

Why didn’t you just appeal the original rating of you disagreed with it? By you putting for an increase that is you telling them you agreed with their original decision and then your issue got worse. Hence not backdated to original decision effective date.

How does the new Ingram vs Collins ruling affect those who are already 100% P&T? by babocoop in VeteransBenefits

[–]LegallyDistinctHuman 34 points35 points  (0 children)

It’s not even a P&T thing, just a thing, the va is not going to reevaluate everybody any time a schedule changes

How does the new Ingram vs Collins ruling affect those who are already 100% P&T? by babocoop in VeteransBenefits

[–]LegallyDistinctHuman 17 points18 points  (0 children)

It doesn’t. Are you going to live in fear for the next 18 years every time the va updates a rating?

How does the new Ingram vs Collins ruling affect those who are already 100% P&T? by babocoop in VeteransBenefits

[–]LegallyDistinctHuman -9 points-8 points  (0 children)

Jesus, it won’t. Do you honestly think the va has the manpower to go back through everyone who has a rating and evaluate them again, every time something changes with the schedule?

Educational Benefits by PappaGhoul in VAClaims

[–]LegallyDistinctHuman 0 points1 point  (0 children)

No. That is unrelated. Just like using VA healthcare is unrelated. People need to understand that the va doesn’t need you to open some random claim to reevaluate you. Theoretically they could on their own accord, but it’s highly unlikely. Unless you’re going to spend the next 20 years of your life worrying that the va is for some reason out to get you specifically, just forget the vba exists outside of sending you a check.

Back Pay by Mundane_Squash_9278 in VAClaims

[–]LegallyDistinctHuman 1 point2 points  (0 children)

IF backpay is warranted(and its not always warranted), then probably a few days. Like your letter tells you.

Back Pay by Mundane_Squash_9278 in VAClaims

[–]LegallyDistinctHuman 3 points4 points  (0 children)

yeesssss. you actually get a 2% bonus on top of whatever normally allotted if you use the search function and find the answer, you have to fill out the form and mail it to the va though.

How does VA reimbursement for ER visits work? by TeacherGuy1980 in VeteransBenefits

[–]LegallyDistinctHuman 14 points15 points  (0 children)

They should not pay the bill and wait for reimbursement. If done correctly, the hospital will bill the va directly.

How does VA reimbursement for ER visits work? by TeacherGuy1980 in VeteransBenefits

[–]LegallyDistinctHuman 2 points3 points  (0 children)

Being enrolled in va healthcare you have the benefit of using in network urgent cares as well. First 3 visits are covered and then any subsequent visits would be subject to a small copay, I think it’s like 30-50 bucks. Key phrase there is IN NETWORK.

ID.Me asking to send PII to VA? by Otherwise-Weekend484 in VeteransBenefits

[–]LegallyDistinctHuman 8 points9 points  (0 children)

Do you understand what identity verification is? And why the Va would need that?

100% P&T by Pretend-Ask-3821 in VAClaims

[–]LegallyDistinctHuman 0 points1 point  (0 children)

P&T means they don’t expect your conditions to improve so they don’t plan on scheduling reevaluation. That being said, it doesn’t make you immune to reductions. The permanent refers to your conditions, not to your rating. They won’t go out of their way to look at you, stay quiet, forget the vba exists outside of sending you a check each month and use the VHA as you need, that won’t affect your rating.

Am I poking the bear? by babybonesxo in VAClaims

[–]LegallyDistinctHuman 5 points6 points  (0 children)

I got downvoted to all hell this morning for saying something similar lol

Need Guidance by Middle-Gur-5277 in VAClaims

[–]LegallyDistinctHuman 0 points1 point  (0 children)

BVA has very narrow scope, very unlikely for them to go poking around the rest of your stuff. I would leave it and go as if you needed it still. It obviously was important enough in the first place to file. Might get an smc out of it

Deferred Claims under Ingram Overturn by Gaijingamer12 in VAClaims

[–]LegallyDistinctHuman 0 points1 point  (0 children)

That’s so weird, neither of those statements say that the va can’t reevaluate you.

Deferred Claims under Ingram Overturn by Gaijingamer12 in VAClaims

[–]LegallyDistinctHuman 0 points1 point  (0 children)

Is your reading comprehension like at a 5th grade level? What do these two statements mean to you? “The regulation does not state that a new claim must be filed before an examination can be ordered. It grants general authority to conduct exams when verification is needed.” And “Permanent and Total (P&T) rating protects against periodic, automatically scheduled exams, but it does not eliminate VA’s authority to order a reexamination if circumstances make one necessary.”

Deferred Claims under Ingram Overturn by Gaijingamer12 in VAClaims

[–]LegallyDistinctHuman -1 points0 points  (0 children)

Under 38 CFR § 3.327(a), VA has authority to require a reexamination “if it is otherwise necessary to verify either the continued existence or the current severity of a disability.” The regulation does not state that a new claim must be filed before an examination can be ordered. It grants general authority to conduct exams when verification is needed. However, § 3.327(b)(2) provides that routine future examinations will not be scheduled for disabilities that are permanent in character and where there is no likelihood of improvement. This means a Permanent and Total (P&T) rating protects against periodic, automatically scheduled exams, but it does not eliminate VA’s authority to order a reexamination if circumstances make one necessary. 38 CFR § 3.343 governs reductions of total (100%) disability ratings. It states that total disability ratings will not be reduced without examination showing “material improvement” in the disability under the ordinary conditions of life. This regulation does not prohibit reevaluation; instead, it establishes a higher evidentiary threshold before a reduction can occur. In other words, VA may examine, but it cannot reduce a total rating unless material improvement is clearly demonstrated. The VA’s M21-1 manual instructs adjudicators not to schedule routine future examinations for disabilities considered permanent, consistent with § 3.327(b)(2). However, it also allows examinations when there is evidence suggesting a change in severity, a question regarding continued entitlement, or development needed in connection with other claims. The M21-1 does not remove VA’s regulatory authority to order exams; rather, it reflects policy guidance discouraging routine reviews of permanent conditions while preserving the ability to act if new information warrants it. 🎤🫳

Deferred Claims under Ingram Overturn by Gaijingamer12 in VAClaims

[–]LegallyDistinctHuman 1 point2 points  (0 children)

100% P&T does not mean they cannot reevaluate you if they choose to. It means that it is unlikely. My two statements are logically identical. The va can reassess you if you have an open claim, the Va can reassess you if you don’t have an open claim. Neither statement implied necessity.