Permanence

Question:

Hi Jim, my son is a 100% service connected disabled veteran. When the disability benefits were approved by VA , the word "permanent " also appears after the rating. What is the significance of the disability being stated as permanent? I was told he would not be subject to any other examinations by VA in the future for an adjustment in his rating ? Is this true?

 

Jim's Reply:

The 100% rating is generally classed as either permanent or temporary. A permanent rating is viewed as static and unlikely to improve in the future. A temporary rating is seen as a condition with significant opportunity for improvement over time and with treatment.
 

A temporary rating is entered into the veterans record with a 'future exam' date. The future (Compensation & Pension) exam is loosely scheduled for (x) months down the road to check and see how the vet is progressing. At that point the rating may remain temporary for another period of time or it may be awarded a permanent status.
 

The veteran who is awarded a 100% permanent and total rating has no future exam scheduled. VA sees this as a condition that's unlikely to improve in the future. 
 

The word 'permanent' at VA doesn't guarantee that the rating is lasting and forever. If sometime in the future VA determined that fraud may have been involved or a myriad of other things may have happened, they are able to open the file and review their decision. This is unusual but it happens.
 

What 'permanent' does mean is that a couple of doors open to the vet...education benefits and health care for the family. Chapter 35 DEA and CHAMPVA come with a permanent 100% rating and each of those is invaluable.
 

Thank you for being the caregiver and looking out for your service connected disabled son. Don't hesitate to ask anything else as it comes up in the future. Good luck.

 


Source URL: https://www.statesidelegal.org/permanence