Va Reevaluation Age

The rule you speculated on is close but no cigar.

Va reevaluation age. 2 No periodic future examinations will be requested. As with the 20-year rule there is an exception to this rule if the VA finds out that the original disability rating was based on fraud. The disability is static such as a loss of limb. In cases of veterans over 55 years of age except under unusual circumstances When the rating is a prescribed scheduled minimum rating.

With a disability resulting from disease that is of a permanent nature. You have a stabilized rating 5 years or more. When the VA Will Not Schedule You for a Reexamination. Typically the VA will order a re-evaluation of a veterans medical condition on two different occasions.

If a veteran has had the same disability rating for five or more years his or her rating should not be lowered unless a wide and comprehensive examination of all medical records and history concludes that sustained improvement has been demonstrated. You are over the age of 55. VA normally does not schedule reexaminations for veterans. If you have had the same rating for five or more years the VA cannot reduce your rating unless your condition has improved on a sustained basis.

This is what you are looking for 38 CFR 3327 2 No periodic future examinations will be requested. The second will fall sometime in the range of three to five years after your service ends. What the VA Does During A Re-examination for PTSD. The first will be six months after your service ends.

The VA has a policy not to call for reevaluation exams on Veterans OVER AGE 55 not 57. Who have been assigned the minimum rating for their disability. Following initial Department of Veterans Affairs examination or any scheduled future or other examination reexamination if in order will be scheduled within not less than 2 years nor more than 5 years within the judgment of the rating board unless another time period is elsewhere specified. 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.

The disability is considered permanent and is not expected to improve eg. Rating in Effect 20 Years or More. Or Where a disability evaluation would not be affected if the future examination should result in reduced evaluation for one or more condition. When you request an increase in your VA disability rating you are in effect opening up your claim for re-evaluation.

Typically VA will not reevaluate or re-schedule a re-examination for your service-connected disability under the following conditions however there may be exceptions on a case-by-case basis. The VA will typically not request to reexamine your rating under the following conditions. 55 Year Rule Veterans are also protected from rating reductions if they are over the age of 55. If a disability is static symptoms have persisted without material improvement for 5 or more years a disability from a disease is permanent and not likely to improve a veteran is over 55 years old the disability is rated at the minimal rating level or a combined disability evaluation would not be affected even if a future examination resulted in the reduced evaluation of one or more conditions a future examination will generally not be ordered.

All the medical evidence not just the reexamination report must support the conclusion that your improvement is more than temporary. Likewise if the veteran is over the age of 55 or if a re-examination would not change the veterans current rating then a re-examination would not be scheduled. However they can reduce the rating if they have medical evidence that the medical condition improves.