You’ve been fighting a long time with symptoms of PTSD, and after the VA grants your claim, you are told that your compensation may be cut in the near future due to a temporary improvement or even just an improvement.
I tell veterans not to worry about this. PTSD is a lot different than a physical disability. Certain physical conditions do show improvement, and the rating percentage can be reduced at some point. But with PTSD, any long term improvement is not likely to happen (at least improvement that would deserve a rating cut).
When you are first service-connected for PTSD, you may be called in for the first couple of years for a Comp Exam, but this doesn’t mean you are going to lose your percentage.
The VA is so swamped with claims right now from the Middle East Wars that an easily settled PTSD claim is not going to be called back in any time in the near future. That would just add another claim to the already full docket.
Also, the VA cannot cut a veteran with PTSD for any short term improvement without considering the entire claim history.
One veteran who is currently 100% for Individual Unemployability was told that he would be called in for a future exam because ‘improvement was anticipated with continued therapy’.
Just because a veteran improves on a temporary basis (there is no permanent long-term improvement of PTSD) does not mean the veteran is all of a sudden capable of holding a permanent full time job, or spending months or years in some Voc Rehab training program. Still, it would be best for the veteran to continue therapy, or start therapy again until the condition is made permanent.
The VA must follow regulations in the CFR (Code of Federal Regulations) before reducing the percentages of any disabled veteran.
Veterans who have held a rating for less than five years are protected under several rules. According to the CFR, the VA must find that there has been an improvement in the level of disability before reducing the percentage rating. The entire history of the disability must be reviewed. The evidence must show that there has been some positive improvement in the veteran’s ability to live and work. (Improvement does not mean such silly things as your ability to walk your dog down a public street or playing cards once a year...such excuses have been used to cut veterans by saying their social interaction skills have improved).
Any attempt at reduction must also include a current Compensation Exam covering the issue of the disability. A Comp Exam for PTSD which does not include the issues bothering the veteran is not valid.
Veterans with PTSD can expect to keep their percentage without fear of reduction.
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