Shortly after medically retiring, submitting my DD214 and being granted 100% P&T as my claim closed and I was awarded my decision letter another claim was opened by the VA which labels “Permanent and Total Review (RFE).” Does anyone else know what this means exactly or have anyone else experienced this?
VA Opened a New Claim on my file
- Thread starter CrimsonChin414
- Start date
I guess we shall find out soon. I’m lost.
EVeryone who is found unfit ends up with two VA cases. One to assist DoD with the PEB. The second to pay you. They all go to review because all your C&P exams are done. Upload your DD214 to that second claim. It will close shortly thereafter!
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So, I contacted the VA this morning via 1-800 number. I was told it’s only for PTSD, to see if I need a RFE or not. I’m still confused on “why” if they already sent me my official decision letter after retiring from the military and submitting my DD214, but I guess the VA can do anything they want. The condition that places me on DoD/TDRL is PTSD/Depression, so I’m assuming that’s a reason for the VA to possibly schedule an RFE as DOD will use the same report from the RFE, if I’m scheduled one or not.
UPDATE (Disregard Last Message): I was told this is for internal VBA chatter. It has nothing to do with the granted rating from the VA. It’s just the VA closing the 100% P&T rating in the system. That’s all.
Oh so it’s just them closing the 100 p&t in the system
Yep. Internal VBA Chatter.
Certain conditions automatically generate a RFE.
This has to do with new guidance because of an OIG report, where they concluded most RFEs were a waste of time and money.
"Conclusion -- VBA employees need to only request reexaminations when necessary, to lessen the burden on veterans and minimize the waste of appropriated funds. VBA could decrease unwarranted reexaminations by ensuring that a reexamination is necessary prior to employees ordering it, implementing system automation, improving quality assurance processes, and conducting a special focused quality improvement review in this area."
Therefore, a policy directed mostly no RFEs unless the regulation requires one, active cancer for example.
The future control from a prior rating decision for a routine future examination (RFE) was cancelled under the VBA Central Office RFE initiative. This was based on the provisions of 38 CFR 3.327. A review examination may be authorized if the rating activity finds a compelling reason under the above provisions.
"Conclusion -- VBA employees need to only request reexaminations when necessary, to lessen the burden on veterans and minimize the waste of appropriated funds. VBA could decrease unwarranted reexaminations by ensuring that a reexamination is necessary prior to employees ordering it, implementing system automation, improving quality assurance processes, and conducting a special focused quality improvement review in this area."
Therefore, a policy directed mostly no RFEs unless the regulation requires one, active cancer for example.
The future control from a prior rating decision for a routine future examination (RFE) was cancelled under the VBA Central Office RFE initiative. This was based on the provisions of 38 CFR 3.327. A review examination may be authorized if the rating activity finds a compelling reason under the above provisions.
Me too. Confusing too. I just got received the decision letter last month tho.
Did it say you are permanent and total?
Yes
How long did it take before you got the decision letter ?
So , I was at SRU and I separated on 4/24 and I got my final rating on 6/6 and received the decision letter on 6/13
Just seen online I have same thing opened up on my claim now. Been P&T due to IU for several years and claimed A&A waiting on letter in mail but seen the RFE tonight. Strange for sure.
I have seen a lot of individuals concerned about this, and I have some of the answers you seek. The VA has a duty to assist, and that is why they have automatically submitted your service-connected disability for a permanent and total review RFE (Evidence in your file supports a claim of no improvement). The VA cannot continue to develop in an attempt to deny benefits. However, RFEs are the exams conducted six months after EAS and 2-5 years after a rating is established, Not counting the special circumstances of a 100 percent rating for being homeless for a certain number of days. Ratings that are not permanent and total are subject to these reevaluations at a 2–5-year interval. This is for individuals who may have something like separation anxiety that fades with time.
A Permanent and Total Review is to establish if one or more of your service-connected disabilities does not show signs of improvement and therefore, the veteran should not be expected to exacerbate their disabilities just to show no improvement meaning the current ratings benefits level is guaranteed for life. Recently I was rated at 100 for GAD, SAD, and OCD. The VA rating officer stated that since my symptoms “wax and wain,” I am not qualified for a permanent and total rating. However, the day my findings were established, the VA automatically submitted a Permanent and Total Review (RFE), fulfilling their duty to assist. I do not know what evidence they have, but my disability has been established for nine years, and before they can reevaluate, I will have passed the ten-year mark.
A Permanent and Total Review is to establish if one or more of your service-connected disabilities does not show signs of improvement and therefore, the veteran should not be expected to exacerbate their disabilities just to show no improvement meaning the current ratings benefits level is guaranteed for life. Recently I was rated at 100 for GAD, SAD, and OCD. The VA rating officer stated that since my symptoms “wax and wain,” I am not qualified for a permanent and total rating. However, the day my findings were established, the VA automatically submitted a Permanent and Total Review (RFE), fulfilling their duty to assist. I do not know what evidence they have, but my disability has been established for nine years, and before they can reevaluate, I will have passed the ten-year mark.
I would like to get your opinion on the following:
You may have heard that the OIG recently found that VBA erroneously sent re-evaluation notices which were deemed unwarranted to various veterans (whom have various levels of protection)
Whether this is unintentional or mere incompetence, could you give me your opinion on the following scenario
true or false; a veteran rated
100% P&T (unless they themselves submit some kind of claim) is no longer to be scheduled for a rfe/routine future exam (according to the VA’s very own law/policy)
Therefore, if the VBA erroneously sends out a re-evaluation notice to a p&t veteran then the veteran need only to contact or have their DSO contact the VBA to point out the obvious error so they could simply fix the error by cancelling the re-exam in order to stay compliant/legal per their very own laws and policies which are transparent for all to lookup correct ?