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hi everyone thank you for joining us today for cck live under five today we're discussing how do you
know if your VA disability rating is permanent in nature my name is Maura black I'm a managing
attorney here at Chisholm Chisholm and Kilpatrick and this is a topic that is pretty popular so
hopefully today's information is helpful to you all VA deems a disability permanent when it is
reasonably certain based on medical evidence that the level of impairment associated with
the disability will continue for the rest of the veterans life for this reason VA is allowed to
take age into account when determining permanency status of a disability and this is why it might be
more difficult for younger veterans to achieve permanent status with their disability ratings
when VA decides that a veteran's service-connected condition is permanent in nature it will no
longer require the veteran to attend re-examinations for that condition
3.327 of title 38 of the code of federal regulations describes these exemptions from
future examinations they apply when the condition at issue is static or unchanging if the condition
has persisted without material Improvement for a period of five years or more if the disability
from disease is permanent in character and of such nature that there is no likelihood for improvement
if the veteran is over 55 years of age although some exceptions do apply at that age parameter
if the rating you received is the prescribed minimum rating for the disability at issue
or we're a combined disability evaluation would not be affected if future examinations would
result in a reduced evaluation for one or more conditions so how do you know if your rating is
permanent some steps that you can take the first one we would recommend take a look at the decision
letter that VA sent you when granting you benefits on some rating decisions there's a permanent and
total box or field that will be checked if you're 100 rated disability or your combined 100 rating
is permanent on other decisions you may see language such as finding that you are eligible
for chapter 35 DEA or champ VA benefits or if the reading decision says that no future examinations
are warranted or scheduled both of those things can indicate permanence and va's belief that
your disability or your rating is permanent in nature just take note that the exact language
that VA uses can vary from decision to decision or among different reach VA Regional Offices
if your letter from VA says that future examinations have been scheduled then
that is a cue that your disability rating is not considered to be permanent by the VA
some of you may be wondering whether your tdiu rating can be permanent
tdiu is not always a permanent rating so if you have tdiu that is not necessarily going to mean
that VA considers your combined disability rating to be permanent however VA can only sever your
tdiu status if you have been found to be capable of substantially gainful employment we have plenty
of resources on our blog and other videos that talk about tdiu so if this applies to you please
feel free to review those resources some of you may also be wondering if you do not have
a permanent rating could you request one if you have a 100 total disability rating and you believe
that it's unlikely to improve you can request a permanent rating we do have a video that touches
on this topic I believe the video is called can VA take away my 100 pnt status or permanent and
total status please review those materials because those might be helpful if you want to go into the
process of requesting for your combined disability evaluation to be made permanent by the VA
as always please be sure to subscribe to our YouTube channel and view our
other videos some of which we mentioned here today to learn more about this topic
and other veterans Law related content thank you for watching today [Music]