The VA can schedule your PTSD to be re-evaluated if at the time of their decision they believe there is a chance your PTSD might improve in the future. This occurs for a variety of reasons including that the veteran has not had PTSD for a long period of time or there is an expectation that treatment will improve symptoms,
The Department of Veterans Affairs can reduce or terminate your disability benefits under some circumstances, but they can’t unless you are requested to appear for a re-examination. The VA is legally entitled to require you to have a re-evaluation and it’s vital that you agree to the re-evaluation to keep receiving your benefits.
When you first start receiving disability benefits from the Veterans Administration, they will determine whether you should be scheduled for future re-evaluation in order to determine if your PTSD symptoms have improved in the future.
If the Veterans Administration decides that your PTSD requires future re-evaluation, you will normally be scheduled within 2 to 5 years from the date of their decision to grant disability benefits.
A PTSD “review” examination is almost identical to the Compensation and Pension (C&P) examination that you underwent when you first applied for PTSD. The examiner will be focused on learning the current severity of your symptoms and whether they have remained the same, improved, or worsened.
Only certain health care providers can re-evaluate for PTSD. They can be a board-certified or “eligible” psychiatrist, a licensed doctorate level psychologist, a doctorate level mental health provider who works under close supervision of a board-certified or eligible psychiatrist or licensed doctorate level psychologist, a psychiatry resident under close supervision of a board-certified or eligible psychiatrist or licensed doctorate level psychologist, a licensed clinical social worker, a nurse practitioner, a clinical nurse specialist, or physician’s assistant under close supervision of a board-certified or eligible psychiatrist or licensed doctorate level psychologist.
The re-evaluation of your PTSD should include the following:
It’s vitally important that you appear for your re-examination for your PTSD. If you don’t show up or call to reschedule, your benefits could be reduced or terminated without any medical evidence.
If the Veterans Administration proposes to reduce your PTSD rating, the first thing to do is not panic. Once you receive a copy of the proposed reduction, you have 30 days from the date on the notice letter to request an informal hearing with the Decision Review Officer that is proposing the decision to reduce you. You can use this hearing to explain why VA is wrong for proposing to reduce your rating. You also have 60 days to submit any evidence that shows the reduction is not warranted.
If you don’t respond to the VA, they will issue a final decision going forward with the reduction, and your monthly payment rate will be reduced 120 days later.
Yes, your PTSD rating can be reduced. The Department of Veterans Affairs (VA) may lower your disability rating and thereby reduce monthly benefits for post traumatic stress disorder if they find your illness has improved.
When dealing with the VA, it’s important that you have someone on your side who understands veterans law. If your PTSD rating has been reduced, a PTSD attorney can help you appeal the reduction in an effort to get your rating back. In addition, the VA often fails to follow their own regulations when doing a rating reduction, and a PTSD attorney can help identify any VA errors that could result in a reversal of the reduction. So don’t wait when calling After Service, LLC.
Choosing the right VA TDIU lawyer can significantly impact the outcome of your disability claim with the Department of Veterans Affairs. Total Disability Individual Unemployability (TDIU) claims can be complex, requiring a specialized set of skills to ensure that veterans receive the compensation they deserve. At Gregory M. Rada, Attorney at Law, we understand the importance of finding a lawyer who not only possesses the necessary legal acumen but also the ability to handle these claims with the sensitivity they warrant. Here are the top five skills to look for in a TDIU lawyer:
A lawyer specializing in VA TDIU must have a deep and comprehensive understanding of veterans’ law. This includes familiarity with the latest regulations, case law, and administrative procedures relevant to TDIU claims. A lawyer skilled in these areas can effectively interpret and apply the law to benefit your case, ensuring that all potential avenues for compensation are explored and utilized.
The ability to analyze complex medical records and employment histories is crucial. Your lawyer should be capable of dissecting intricate documentation and translating it into a compelling argument for your TDIU claim. This skill is vital in demonstrating how your disabilities affect your ability to secure and maintain substantially gainful employment, which is at the heart of every TDIU case.
Effective communication is essential, not only for persuading VA decision-makers but also for explaining the often complex legal processes to clients. A good VA TDIU lawyer should be an excellent listener, able to understand and address your concerns while clearly outlining your options and the steps involved in your claim. They should keep you informed and comfortable throughout the process, ensuring that you understand every aspect of your case.
Persistence in the face of bureaucratic challenges is a key trait of a competent lawyer that specializes in VA TDIU. The VA claims process can be lengthy and frustrating, filled with delays and the need for repeated evidence submission. A dedicated lawyer will continuously advocate on your behalf, pushing for a fair review and resolution of your claim, and won’t hesitate to appeal if necessary.
Lastly, the importance of compassion in handling TDIU claims cannot be overstated. A lawyer who demonstrates empathy towards the challenges faced by veterans can significantly ease the stress involved in pursuing a TDIU claim. Understanding the personal and financial impact of the disability on your life means that your lawyer will handle your case not just with professional rigor, but with genuine concern for your well-being.
At Gregory M. Rada, Attorney at Law, we strive to embody these skills and commit to providing our clients with the best possible representation. Gregory M. Rada has been representing his fellow veterans before the Veterans Administration since 2012. He started After Service LLC so veterans would have access to a law firm founded by a veteran. Greg exclusively handles VA disability compensation, pension, and survivor benefit appeals at all levels of the VA adjudicative process including at Regional Offices nationwide, the Board of Veterans’ Appeals (BVA), and the Court of Appeals for Veterans Claims (CAVC). He is honored to have a job serving other veterans and their families.
If you believe you are eligible for TDIU, or if your claim has been unfairly denied, we encourage you to reach out to us. Let’s work together to secure the benefits you deserve. Contact our VA TDIU lawyer today to discuss how we can assist you with your VA TDIU claim.
"Greg is an amazing lawyer that you should hire! I wanted someone who was also in the military and could understand how the VA system works to help me win my appeal for my TDIU benefits, and he managed to win my case. Thanks again!"
Pauline O'Connell
