VA disability reevaluation ratings what it is and how to identify it

[@DewayneKimble]

😡Don't let the VA claim process stress you out ! 😀Schedule your free 15-minute consultation on our 🖥 website : www.kmd89.com/ 📚"Don't be frustrated, get EDUCATED"

[@russell311000]

My next VA compensation appointment I'm low crawling in.

[@DewayneKimble]

Ok, don't hurt yourself and good luck on the exam.

[@GregMOlympian]

Excellent information, very understandable and should clear up confusion for a lot of vets. So many youtube vet channels confusing vets, and messing them up about filing claims or when they are 100% P&T no future exams. Some end up filing new claims when have combined ratings, thinking if they can increase one of the service connected injuries then they would be safe. Then that's when they open themselves up to reexamination. If already 100% P&T, don't file new claims. Go to your yrly physicals, if no improvements in your service connected injuries then state that to your VA doctor and continue seeking treatment Just my 2cents input. Some youtube channels are scaring vets and confusing them to pay for information to file claims to make money off the fear 😨.

[@DewayneKimble]

Thanks, and thanks for sharing feedback.

[@kayp4601]

I am an adjudicator for Social Security Disability and a 100 percent P and T vet. I love learning about how the VA adjudication works.

[@DewayneKimble]

Thanks for the support. You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/

[@johnpatti3560]

Keep up the good work Dewayne. Thank you for your service to us vets. God bless you.

[@DewayneKimble]

Thank you, I will

[@Mymovies126]

Thank you for your hard work. You are a blessing to us.

[@DewayneKimble]

You are so welcome

[@jaybales3160]

Excellent presentation. Learn a good deal and will review the information and watch your presentation again. SemperFi

[@DewayneKimble]

Much appreciated! Thanks for the support to the channel.

[@4eagle64]

Thanks!

[@DewayneKimble]

Thank you for the donation, it is greatly appreciated and thanks for the support to the channel.

[@tammy495]

Love the new intro...thank you for the great info

[@DewayneKimble]

You are the 1st person that mentioned it. I wanted to change it as the old one was 2 and a half years old. I'm glad you like it.

[@BeANicePerson_]

Good Job DeWayne !! Keep up the good work 👍

[@DewayneKimble]

Thanks, will do! and thanks for the support to the channel.

[@LawDogg01]

Wish VA personnel would follow their own Code of Federal Regulations. This causes a lot of issues.

[@DewayneKimble]

I agree, it would make much eaiser.

[@classicstangs]

I got plagar fasciitis approved but not pes planus using nexus where both are mentioned

[@DewayneKimble]

Sorry to hear that. Make sure to read the narrative in the rating decision.

[@jipsee1]

HI DWAYNE I BEEN DIAGNOSED WIT PTSD LESS THN 6 MONTHS HOWEVER MY HOME LIFE HAS IMPROVED HOWEVER I STILL SUFFER FROM WHAT HAPPEN IN THE NAVY TODAY

[@DewayneKimble]

I did another video that's on my channel about RFE's and how you can tell if you have one.

[@lucascooley2251]

Good info! Submitted for Sleep apnea (will finally get me to 100) Submitted Nexus Letter/completed DBQ by a private doctor. Provided my sleep study showing diagnosis and I submitted post deployment checklist showing I complained of significant daytime sleepiness…. VA sent me to a C&P for Gulf War Syndrome which I didnt claim…. I went just to do the check in the box and get the ball rolling. The C&P Doctor from that exam then scheduled me for a PTSD exam (was not the VA). I am currently 70% PTSD already so I declined to go and am now waiting for a decision. Hopefully they don’t try and reduce me for not attending the PTSD appointment.

[@DewayneKimble]

Thanks for sharing and let us know how it turns out.

[@lucascooley2251]

Denied March 20th. They ignored my Medical nexus letter from a sleep specialist doctor and came up with their own opinion as to why I claimed my claim (gulf war syndrome, which was not what I claimed) favorable findings; in service event and current diagnosis. HLR March 28. June 28; Informal conference, reviewer stated she could issue grant over the phone in about 2 weeks 100% PT as of July 7th :) Thank you for your videos!

[@1mindatatime83]

@@lucascooley2251why did they deny you in the first place. ???

[@DK-wr5wx]

Thank you so much for the information, it was very helpful

[@DewayneKimble]

Hello DK 1, thanks for the support to the channel.

[@robbyers7614]

I filed claim with about 8 different problems, including PTSD. The Medical ones are mostly presumptive. However, i have Diagnosis of Gerd just not yet service connected. Have C & P and Behavioral Health Exam both this month Feb 2024. Not sure if I'll get anything.

[@DewayneKimble]

Get educated and understand the five ways of service connection. You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/

[@miatam2]

I am a Vietnam era Veteran, 69 years young, I was awarded a combined disability rating of 80% Apr. 2022, so I was told if I had a combined rating over 70% I should apply for TDIU, so after submitting the forms, I get a call from LHI scheduling me for exams that granted me my 80% rating ? After calling the regional office, I was informed that TDIU is a new claim, that I have to go through the same ? I doubt in 4 months time at the young age of 69 My condition is going to improve, So I guess I'll have to go through the same schitt that gave me my 80%. Thanks for all you do, greatly appreciated, God Bless

[@DewayneKimble]

IU is not a stand alone claim, it's a claim for increase for the conditions you listed on the 8940. I have a video on my channel for IU.

[@Life_is_a_Gamble44]

The VA IG has recently identified that 44% C&P exams that the VBA has performed were not required. Veterans are Being Required to Attend Unwarranted Medical Reexaminations. So the VBA could eliminate the unnecessary C&P exams. That would insure more veterans could be getting their claims adjudicated quicker by C&P examiners that could complete the required C&P exams. Wouldn’t that be a great thing? Good video thanks for sharing.

[@DewayneKimble]

Another VA rater and VSR tried that with me when I was a VA rater. I told them to remember the training VBA gave us on DBQs and when not to schedule a C & P exam per 38CFR 3.309b&c. Upcoming Webinar "Get Educated On The VA Compensation Claim Process Webinar" (COUPON CODE: WIN10). August 13th - 14th 6-8PM EST: va.kmd89.com/win-your-va-claim Tired of getting denied and ready to WIN your VA compensation claim.

[@Veteran0987]

Was Hospitalized 5 months for "static" SC disabilities two months after military discharge. VA rendered a rating decision while I was hospitalized. I filed a NOD on rating decision immediately after discharge from hospital. VA scheduled a C&P exam the following month for one appealed static SC rating in which I had been hospitalized for treatment. The NOD somehow became an Inferred IU claim and the NOD was "forgotten"/ignored. IU was denied.- CUE?/HLR?

[@DewayneKimble]

They are not suppose to infer IU to deny. When IU is inferred, they are saying they have enough information to grant IU. If you do not return the documentation they requested, it will be denied. Also, don't forget to sign up for my next upcoming live webinar "How To Win Your VA Claim". Join me live as I drop nuggets on the VA Claims process as a former VA rater. va.kmd89.com/win-your-va-claim 12 hour live stream marathon. Are you ready to be part of this epic journey? Be our guest, submit your questions, and let's see if we can hit that 1000 mark together! 🎯✨ forms.gle/rfvMGQgaCnnmJF9g7 Each quest will have 15 minutes.

[@Veteran0987]

VSO suggested no 8940 because as stated in VA letter, if compensation is higher than retirement Veteran will receive compensation pay and not retirement pay. Case Law: Rice vs Shinseki May 2009/ VA TL 10-07 says no 8940 is necessary to grant IU. Where's the intial appeal submitted after hospitilization for increase at this point? No development or rating decision/adjudication necessary?

[@Aussiepups]

Great video it was very helpful. I work full time but im 50% for migraines but my office is very helpful with my situation if I have a migraine. Will this likely lead a reduction. Even though there are days i show up late or cant function at work?

[@DewayneKimble]

VBA is the VBA, they don't keep track of when you go or not go to work. www.kmd89.com/services

[@sunnindawg]

Good vid. Thx for the CUE tip.

[@DewayneKimble]

Any time! Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/membership

[@igotyour6-veteranschannel124]

Good Job Dewayne!

[@DewayneKimble]

Thanks and always looking to educate veterans.

[@Asmygardengrow]

Hi DeWayne. Your channel is very informative, thank you. I was rated this past March for PTSD at 70% and filed a secondary claim last week for sleep apnea. I received a call today to schedule another c & p exam for mental health as well as the sleep apnea. Is that customary?

[@DewayneKimble]

You may have an RFE for the PTSD, if not, I've only seen it for the sleep apnea. VA employees do sometimes make mistakes when it comes to requesting the correct exam/s.

[@Asmygardengrow]

@@DewayneKimble ok, thanks for the info

[@eibo9886]

Hello Dewayne. Would your C-file have all the information on whether you would be re-evaluated or not?

[@LawDogg01]

Yes. It should. Mine did.

[@DewayneKimble]

In would be in your rating decisions as well. I've done a video on knowing the difference between a notification letter and DBQ.

[@jimiguitar3252]

Do VA health care providers have access to the VBA data base /claims folder? Also, are they notified of any reexam, new claim, claim for increase, review, appeal, etc.?

[@DewayneKimble]

Yes they do. VHA (healthcare) and VBA (benefits) are different and have different functions

[@jimiguitar3252]

Thank you. You are a great help to many vets.

[@jimmieburnett8543]

Question . I am 63 years old. Iam 80% P&T total scheduler. And was granted TDIU P&T effective date April 2020 10% tinnitus 10% acid reflux 10% hearing loss. 70% GAD all static. VA schedules welfare check ins about every 3 months by phone now thanks to covid crap now. So, should i be concerned about any reevaluations? (One of my issues is suspiciousness)

[@DewayneKimble]

Is that on the VHA side. I'm not familiar what VHA standards as it pertains to doing welfare checks. The VBA field examiner may come out if the veteran is incompetent, had a fiduciary etc.

[@jimmieburnett8543]

@@DewayneKimble It is at VA hospital mental health section. They just ask how i doing. Any changes are you getting better. worse the same. etc. I am still competent .

[@jimmieburnett8543]

I think you thought i meant they came to my house. NO, they never did that

[@JasonWest-h5m]

Im rated 80% with all static disabilities. Filed for secondarys and now they want a c and p exam for primary which again are static. Why would this be?

[@DewayneKimble]

Confirm there is no RFE and sometimes new employees could request the incorrect exam.

[@JasonWest-h5m]

There was a request for exam. They set up a c and p. I canceled the c and p.

[@obxsocom]

Hello, idk if you will see this before Monday. I have a CP exam for radiculopathy bilaterally lower extremity. I am currently 40% SC for lower back DDD. I have also during the cp exam a increase for my back, I and my attorney did not request this increase (states this for a increase on the website), I believed it came from the appeal board, or HLR? Not clear. I received my 40% in September 2022...almost 8 months later? Another exam. Is this normal? Are they fishing? I'm 57 yo..thanks for everything It is clear I am not in condition for improvement

[@DewayneKimble]

It might be a good idea to figure out what was submitted and then how it should have been submitted.

[@obxsocom]

@@DewayneKimble funny thing, nothing regarding my back was submitted

[@gregm7976]

Great information Dewayne! I've recently been scheduled for several C&P exams via QTC. When I reviewed the list of my upcoming C&P exams, there were several listed that I did not submit a claim for a new increase. When I called QTC to ask why I was being scheduled for a re-evaluated for a claim that I did not submit (tinnitus, cervical strain, etc...), they told me, since my new claims were secondary to an existing disability, I opened myself up to be re-evaluated to determine the connection. Your thoughts?

[@DewayneKimble]

That is a bunch of you know what. if you are service connected for tinnitus as 10 percent, what the heck are they looking for. It sounds like someone screwed up. I only went to the ones I claimed.

[@monicawilliams2835]

Same thing happened to me. Im service connected for PTSD and I am over 55. I submitted claims for tinnitus, headaches, teeth grinding connected to PTSD, and they scheduled a reeval for PTSD

[@adlomax4861]

@@monicawilliams2835 do you have an update

[@Inlandchuck]

Great video and very useful info. I have a question, do I understand correctly that if you have three ratings one of which is 100% and you have a rexam that lowers the 100% rating that your overall rating does not decline?

[@DewayneKimble]

It would depend on the percentage of all the conditions combined, not the number of ratings. Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/membership You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/

[@Inlandchuck]

@@DewayneKimble thanks for the response. I have a 100%, 50% and 10%. If the 100% goes to 60% will I loose the the overall rating? Thanks

[@judywalker2849]

I requested that in my form for my knee dating back to 1995 and it was completely ignored and the evidence is in my records. Can I go back in and file another CUE now that I'm T&P? I file for the CUE before the final decision was made.

[@DewayneKimble]

I don't know if you mean the effective date goes back to 1995 or you should be service connected back to 1995. Please look at our document review service: www.kmd89.com/services

[@judywalker2849]

Hi Mr Kimble, the decision for my knee was dated for 1995. I filed in 1994 for it along with other service connected injuries and was examined in 1995. I continuously kept going back for re-examinations but they claimed no changes or no evidence when they already had my evidence.

[@seventhsavagee]

Hey I was just order reexamination for ptsd they just upped my rating from 70% to 90 % for migraines a couples days ago and I am concerned on them reducing my ptsd what should I expect at C&P exam

[@DewayneKimble]

We would have to figure out what's going on with your claim to determine that. Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/membership You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/

[@VBE99]

Hey I have a question I don’t know if you or anyone can answer so my last day of active duty service I had a c&p exam and I complained about my back and sinuses can I still file a clam for it and and will it be service connected this was the first I complained about it in my service

[@DewayneKimble]

You can file a claim but no one can say if the VA will or won't. I've done a few videos on direct service connection (conditions documented/or from active duty).

[@xrpeewee9320]

I filed in April I did all my exams that were required and today I got a notification saying they want me to do it again and my claim went from preparation of notification to pending decision approval. LHI scheduled my exam the first time now they got QTC scheduling the same exams I just did a few months ago. Is this right?

[@DewayneKimble]

It's hard to say, the VA has been doing some really strange things. Someone could have got the exam request wrong and/or the examiner didn't complete the exam correctly. Either way, it would be hard to say without looking at the claim folder. Have you submitted a FOIA request to receive your CD?

[@xrpeewee9320]

@@DewayneKimble I have I’m still waiting for it to come in.

[@jimmiebazz2586]

I went through the same thing but I did not have to attend, when the examiner went over the exam and sent it back he agreed with my DBQ again and the va still did not honor me getting IDU but granted me another 10 percent totaling 70 percent and had the nerve to lie and say my condition had improved, I'm now deciding how to go back at the va, but good luck to you, I will do everything to get my C&P over and over after you have done the basics call DC and make a complaint that got them to get in gear and send my C&P exam, they fought me tooth and nail to try to keep my c&p exam away from me....God bless you in your journey....

[@xrpeewee9320]

@@jimmiebazz2586 so they gave me a partial rating of 50% for my PTSD but denied my Tinnitus and sleep apnea even though my sleep apnea exam said I had obstructive sleep apnea and recommended a cpap. They deferred my other claims until I finish my new c&p exams. I never knew they VA would be this way. They even messed up my effective date. I’m so confused I don’t know what to do at this point.

[@LawDogg01]

@@xrpeewee9320 my c-file took about 6.5 months.

[@kford6917]

What if I went for an upgrade for PTSD and they kept me at the same percentage will they still conduct another reexamination?

[@DewayneKimble]

Why would they, I have a video on my channel and RFE's. Check it out and it explains re-evaluations.

[@davidg.2217]

IF YOU ARE NOT PERMANT AND TOTAL PLAN ON GETTING REEXAMINED...😀

[@DewayneKimble]

Hello David G., thanks for the support to the channel.

[@patchesgrant]

Hi-question that pertains to this (I think)…..I am a Navy vet-filed a presumptive for Thyroid Nodule which ended up being thyroid cancer. The presumptive is based on photo evidence of a visible nodule 8 months post discharge-but official diagnosis for goiter was 19 months discharge. I already went for C&P exam for the thyroid, and got a call today from QTC saying I need to go for eval of cardiac residuals r/t thyroid based on the report from the thyroid examiner-but not on my claim filing (I included the cardiac in my initial VA filing also). I have a history of high output heart failure and heart issues due to my cancer treatment. What does this all mean? Is this just for additional info to make a claim decision or does this mean I likely am going to be approved and this additional exam for residuals is to help assign the percentage? (So confused…..I have been an RN for almost 20 years and I can’t make heads or tales of it). Thank you for any help you can provide!

[@DewayneKimble]

Is the condition claimed as a 1 year presumptive and is it on the list under 38CFR 3.309(a). In order to know what it means, the VA file would have to be reviewed. The VA has really made it confusing for veterans, that's why it's important to get a copy of your claims file to see what they are looking at.

[@ibelieveinjesuschrist8911]

thank you!

[@DewayneKimble]

You're welcome!

[@rhodarichardson952]

Very good information!

[@hvacmike2421]

Very interesting info!

[@DewayneKimble]

Thanks for watching!

[@stormvet91]

It says over 55 years of age, my question is what if your 55 and not 56 or older?

[@DewayneKimble]

The M21 states 55 or older, not to submit for re-examination.

[@stormvet91]

So when I ask for increase in my chronic fatigue syndrome they shouldn't have ask for another c&p exam? Which they reduced my % by 20.

[@teeybannister]

I’m starting to think Higher Level review is trash. I did one, guy called me. I told him I’m supposed to be 70% instead for mental he agreed. Received the decision letter today. “ The ptsd was returned for correction of a duty to assist error in the prior decision “.. I thought these interviewers had power to grant the decision if the mistake was clear, ??why return it.

[@DewayneKimble]

What was the reason for the 70 percent, did you explain why based on the criteria for the 70 percent that is in the diagnostic code 9411 under the general rating criteria for mental conditions. Also, how it is related to service or increase, documented. They do but veterans have to look at what they are claiming, the criteria and what evidence supports it. In addition, how does a veteran reasonable articulate it. I have a few videos on HLR that may help.

[@teeybannister]

@@DewayneKimble believe me, the criteria for 70% is there, that’s why they agreed. But I just never heard HLR returning stuff back to the RO to fix the duty to assist error. I’m at 30% ptsd, we agreed I should be at 70%, why not grant it right there. It’s not rocket science. I’m at 90%, I thought this was it, ready to celebrate & i saw that i was like what the hell.

[@antwanlewis2257]

Teey, I had the same thing happen. HLR stated “A duty to assist error has been identified during the HLR for Lumbar DDD, You have been diagnosed with a disability. You have been diagnosed with Lumbar DDD.” But they never rated me or sent me to a follow up C&P exam.

[@teeybannister]

@@antwanlewis2257 ohh really, it’s really frustrating. I thought HLR are supposed to be experienced supervisors. Plus HLR rules state no new documents can be presented. So if we all in agreement, all the evidence from previous ratings didn’t change.. They need to put people there that can judicate claims instead of having vets running around

[@antwanlewis2257]

@@teeybannister Correct, I contacted the White House hotline and filed a complaint. So we will see where this goes. The person on the other end was very formal and professional. She documented all of my complaints. Plus I went through my C-File so I was up to date on the flaws of my C&P exams