Hey all i got my ratings total 30 % DOD 80 % VA, namely because of a 50 % GAD rating ( for VA ), I have no regrets about signing but i just talked to my stateside PEBLO/MSC? for the MEB out brief. My ratings all gave the gest of being permanent in the VA report except the GAD that basically said my symptoms may decrease after i am no longer active duty. I asked about it on the out brief and he said i may or may not be re-evaluated and that in his experience he has had several people with similar reports and were not necessarily ever re-evaluated. I would just like to know if others have had similarities in their VA reports and if you have been evaluated on mental health conditions again and what time frame after DOS, or if you've gone a considerable amount of time after active duty and never heard anything and your rating staying the same?
Thanks.
In addition, it's dependent upon how the DoVA D-RAS evaluates your GAD (e.g., either under VASRD 4.129 criteria or VASRD 4.130 "occupational and social impairment" functioning).
As such, if the DoVA D-RAS evaluated your GAD via VASRD §4.129 Mental disorders due to traumatic stress, then ...
"When a mental disorder that develops in service as a result of a highly stressful event is severe enough to bring about the veteran's release from active military service, the rating agency shall assign an evaluation of not less than 50 percent and
schedule an examination within the six month period following the veteran's discharge to determine whether a change in evaluation is warranted. (Authority: 38 U.S.C. 1155)"
Otherwise, if the DoVA D-RAS evaluated your GAD via VASRD §4.130 Schedule of ratings—Mental disorders (e.g., "occupational and social impairment" functioning), then a re-examination
may or
may not occur; it's dependent upon whether you GAD is considered "permanent" and/or is a "static" disability. If
yes to being considered "permanent" and/or is a "static" disability, then you can safely assume that your VA rating for GAD will remain the same since the DoVA will not schedule a re-examination.
To that extent, the DoVA can reduce a military veteran's monthly disability benefit if he/she have what is called an "unprotected rating" and if his/her medical condition has improved. So, a military veteran's benefits will likely be reduced if he/she have an unprotected rating and his/her medical condition has improved on more than a temporary basis. A military veteran have an unprotected rating if:
- He/she have a VA disability rating that is above the minimum for their VA disability, but below 100%, and
- He/she have been receiving VA disability benefits for less than five years
On the other side of the coin, the following conditions constitute a military veteran who has a "protected rating" benefit:
- Veterans who have been receiving DoVA benefits for more than five years at the same level
- Veterans with a "static" disability (e.g., one that won't improve) such as the loss of a limb
- Veterans who have been receiving DoV benefits for 20 years or more than 20 years
- Veterans who are found to be 100% permanently and totally disabled
- Veterans at age 55 or older
Unfortunately, a protected rating can still be reduced, but it is much more difficult for the DoVA to lower protected ratings. For example, to reduce DoVA benefits after a military veteran have been receiving VA disability benefits for 20 years, the DoVA would have to be able to prove that a military veteran's initial DoVA disability claim was fraudulent.
Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"
Best Wishes!
