Tips to Using CFR 38 for Mental Health Disorders

All mental health disorders are rated against the same criteria which is defined in 38 CFR 4.130. The general rating formula for mental disorders is included in the link provided below. When you have your VA claim examination or better known as a C&P Exam, speak to all of the mental health symptoms applicable to you, know what rating category they are in and speak to the ones that you have, particularly the ones in the higher rating category.

As for PTSD stressors, you need to know what event or events occurred in service that caused your condition, and you must speak about it. Than you need to tell the examiner how all this is affecting your life. Be truthful, brutally vulnerable and honest. It is not easy but it is what you must do to get the rating you deserve. You may never have to see or speak to this examiner again. Let it all out. Make the examiner feel your pain!

How does the VA rate Somatic Symptom Disorder?

When filing for SSD or Somatic Symptom Disorder talk about how the pain is affecting you in your everyday life. How is it impacting you socially and occupationally. … Read more

Is My 100% VA Disability Rating Protected After 5 Years?

The 5, 10, 20 year rules… Including ‘static’ and Routine Future Examinations (RFE)

VA Five Year Rule – 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. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.

VA Ten Year Rule – The 10 year rule is after 10 years, the service connection is protected from being dropped.

VA Twenty Year Rule – If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it’s unlikely the rating would get reduced.

If you are 100% for 20 years (Either 100% schedular or 100% TDIU – Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person’s life.  “M-21-1-IX.ii.2.1.j. When a P&T Disability Exists”

VA Disability 55 year Read more