Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • hohomepage-banner-2024-2.png

  • 27-year-anniversary-leaderboard.png

    advice-disclaimer.jpg

  • donate-be-a-hero.png

  • 0

Reduced Rating

Rate this question


Rambo

Question

Hello and good day to you all.  I was recently scheduled by the VA to have a C&P on my back that I am already getting 40% on.  The appointment was set for January 4, 2017.  On Jan 3, 2017 the C&P DR called me and said she need to have an X-ray done before she can see me.  I could not get it done the day before so she told me to cancel my appoint one hour before and she will put in the order fro the X-ray.  I took the X-rays on Jan 5, 2017.  I received a call from AMVETS that the VA is reducing my rating from 70% to 0 because I did not show to my C&P.  I followed the instructions of the DR and today I receive a letter in the mail saying I owe the VA $7500.  What do I need to do to fight this, please let me know.  Thanks

Link to comment
Share on other sites

Recommended Posts

  • 0
  • HadIt.com Elder

Well I disagree with rhoe

I was sent a letter  ''proposal to Reduce''  years ago ,if the veteran does nothing  he/she will most likely be reduced back to 0% and they can try to get there $$ back if this happens.

& Personally I do not trust the ''Hotline''  Always get it in writing. period.

I can only imagine that the money they try or need to recover are compensation payments, what else would the money they want back be used for? school grants maybe?

Anyway

After I got the proposal to reduce letter & simply because some times they don't let the veteran know what to do I was scared and hurt they was going to do this to me & NEEDLESS TO SAY VERY UPSET ....SO

I sent in a NOD and ask for a DRO Hearing,  the VA Sent me a letter letting me know they got my NOD and my request for a DRO hearing will be approved, I will be getting a letter letting me know the time date and place, I have 60 days from the date of this letter to respond  or the proposal to reduce will be carried out.

then it goes on to say what is new & materiel evidence and how to present it!

This Veteran should gather all his correspondence records from this C&P Examiner & any other evidence to support his./her claim send it in and take copy's to the hearing.

His evidence would be that of what the Dr mention about the medical evidence he/she was seeking to render a medical decision on his/her examination & why he/she missed the C&P

Each veterans case is different!

I  did this and was given an increase and not a reduction.

I also had a private specialist  give me an IMO/IME for more evidence to rebut this VA  Dr as mine was  caused by a VA Dr that was known for trying to reduce veterans benefits And he lied,  I just had to prove my case with medical evidence with the IMO/IME  And this was all because off a proposal to reduce.

Unless the Regs have change since I got my proposal to reduce?  this is what I did when I got my proposal back in 2002 

I do not know where  the regulations states that a proposal to reduce can not be appealed?...to appeal any decision the VA Makes is through an NOD or letter letting the VA know you disagree with their decision. if the veteran ignores it  he/she will most likely be reduced.

A denial is a denial  means they are denying your claim to your benefits  a proposal means they are taking away your benefits  if you do nothing.  either way the veteran has a right to appeal either decision.

I agree a veteran can't appeal a decision until he /she has been denied  but a proposal to reduce is a different baby.

jmo

Edited by Buck52
Link to comment
Share on other sites

  • 0

You very clearly have no idea what you're talking about. 

Proposed reductions can also receive hearings, but again, it is not a final decision, it is a proposal. Your inability to understand the difference between the two (or, indeed how any aspect of a 38 CFR 3.105(e) reduction works) does not make attempting the pointless a better idea.

The more likely scenario in your case from "years ago" is that your regional office ignored the NOD part of your filings and scheduled the hearing as a predetermination hearing (which all due process recipients have a right to, as described in the proposal letter), and likely sent you a letter indicating that you cannot appeal a decision that has not happened, which you've likely forgotten all about in the intervening 15 years. You can literally get a hearing at any time in the claims process as enumerated in 38 CFR 3.103(c)

Further, determinations of whether evidence is new and material are only relevant in claims to re-open finally denied decisions (i.e. when no continuous prosecution of a claim has taken place and one year has passed following the notification letter informing the veteran of a decision). 

Each case is different, but they are all processed under the same laws. Your continued demonstration of ignorance of those laws and procedures is not helping this case, and your personal anecdotes are entirely irrelevant. Throwing random terms from the CFR in there without understanding their meaning just makes you look foolish.

Link to comment
Share on other sites

  • 0

rhoe

We have been fortunate to have here ,from time to time, VARO employees who Never try to demean us.

I looked at the site this AM and found you have made negative and inappropriate comments to members here like Buck and me and probably other demeaning comments will follow.

I suggest you read the Mission Statement of the VA:

"Mission Statement

To fulfill President Lincoln's promise "To care for him who shall have borne the battle, and for his widow, and his orphan" by serving and honoring the men and women who are America's veterans."

Everyone here has been "serving and honoring" our nation's veterans.

And don't forget, 99% of our members are DISABLED.

Your profile indicates you are not disabled and probably not even a veteran, and I sure doubt that you are a VA employee, as some might think you are....only because the other VA employees who are members at hadit , have come here solely to "serve and honor" with their advice....

I do kindly suggest you get up to speed on DIC, CUE, Nehmer,AO, 1151,FTCA, CRDP/CRSC, Chap 35, and some of the other issues I handle here- because if you try to demean me or Buck or anyone else here, again, I will take a vacation from hadit...

rather than have to defend my 30 years plus of true dedication to our nation's veterans and their dependents and survivors, by "serving and Honoring them".

 

 

 

 

 

 

 

Link to comment
Share on other sites

  • 0

MS B, Get Some!

Semper Fi

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

rhoe

I hope you mean well and not trying to be argumentative or nit-picking with my post ? or Ms Berta Post  and  any other Hadit Members post.

I just explain to you what I did back when I was doing my claims myself  I had to do them with help from Hadit members....I  MAY NOT HAVE SENT IN THE CORRECT FORM BUT WHAT I DID DO WORKED.

you say my post is pointless to help others  maybe your right but what I did working my claim and with help from some of the hadit members back then HELP me to get my claim Adjudicated. 

a long time  ago a well respected DRO with 20 years experience once told me that if a veteran don't know what forms to use or sending in a NOD or really anything relevant to the claims process   then he can just write a letter letting the VA know what he wants or explain his/her issue with them.

Maybe he was wrong and didn't know what he was talking about  but with 20 years experience  I can only imagine the VA Kept him around for doing an outstanding Job with our disabled veterans.

 I could not afford to hire a attorney, the hadit members gave me the in formation I needed and pointed me in the right Direction Ms Berta was one of those members.

All Hadit members are here to help other veterans  the best way they can  and dedicate their time and share their experiences in the processing of claims  and share their stories and help other veterans new to the claims process.

  Were not here to degrade other veterans or call them useless or degrade there post  , nothing wrong with a disagreement , but when you use inappropriate means  to do so  it don't set to well with most of the Hadit members.

I have a lot of respect for our nations veterans more so with the veterans that have lost their limbs and can't enjoy some of the other pleasures in life because of a war.

I'd never tell another veteran how foolish he maybe   because to me no matter what he don't deserve to be put down that way by anyone.

I don't mind someone to disagree with me  and we all learn from other veterans that have more experience, but my point is  hadit is here to help veterans win their claims.

All your post so for have been or seem to me be inappropriate or demeaning the veteran/and hadit members  so please stop this.

 if you have nothing nice to say....then stay off hadit.

Have a nice day.

Edited by Buck52
Link to comment
Share on other sites

  • 0

I'm not seeking to demean either of you - I'm trying to stop you from making an already complicated case worse with your conspiracy theories of the VA as an adversarial entity. 

Buck, the DRO was correct that you can send a request for the appropriate form and it will be sent to you, but in the 20 years that have passed, the process has changed - this communication will no longer be acceptable as an informal claim for benefits as of March 24, 2015, when standardized procedures go into effect. 

Berta, I'm terribly sorry that I haven't bothered to fill out disabilities in my profile or upload a 214 for you, but since neither of those has anything to do with an understanding of the regulations, I don't particularly see the point. I've also reviewed a fair number of your posts, and your need to project your own poor experience with the VA onto every piece of advice you give is redundant and unhelpful. I am extremely familiar with the programs, regulations, and court case you mentioned, and I have no personal beef with any of them to cloud my advice.

This case has a simple misunderstanding at its core that is easy to fix. I'd bet the farm that the demand letter for $7500 has absolutely nothing to do with the reduced rating, unless somehow fraud is involved (entirely unlikely, and due process still would not have passed by now). Filing useless additional forms on top or sending correspondence to departments or congressmen at this point needlessly overcomplicates the process.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use