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BigCountryVet

Rebuttal Kicked Back?!?

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This is probably yet another of many similar type concerns -- recently the adjudicator deciding my re-eval c&p sent me a letter saying he/she was proposing my 70% (ptsd) be knocked down to 50%. The ironic thing is that during my c&p the psych dr diagnosed me additionally with two more diagnoses -- major depression and agorophobia (i get even more severe and they want to reduce?). Anyhow, I take the proposal of reduction letter to my Veteran Service Officer here where I live and he provides the social security disability award letter i have since received and a va for requesting for a redo of that c&p. Subsequently, some lady at regional in Waco send me a letter stating my rebuttal was no good. She stated the decision on the proposal to reduce my percentage had to first be made in order for them to accept my rebuttal. Yall, I hate to be "that guy" who does nothing but rant and rave, but i am at my wits (the ones i still DO have) end. I feel like I've got my hands tied behind my back and that all these levels of the VA are giving me conflicting stories. Please, anybody... I need help.

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You need to ask for a hearing. There can be no reduction until you have the requested hearing. There is where you will present your evidence. You have 60 days for the date of the notification letter. Get busy.

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This is probably yet another of many similar type concerns -- recently the adjudicator deciding my re-eval c&p sent me a letter saying he/she was proposing my 70% (ptsd) be knocked down to 50%. The ironic thing is that during my c&p the psych dr diagnosed me additionally with two more diagnoses -- major depression and agorophobia (i get even more severe and they want to reduce?). Anyhow, I take the proposal of reduction letter to my Veteran Service Officer here where I live and he provides the social security disability award letter i have since received and a va for requesting for a redo of that c&p. Subsequently, some lady at regional in Waco send me a letter stating my rebuttal was no good. She stated the decision on the proposal to reduce my percentage had to first be made in order for them to accept my rebuttal. Yall, I hate to be "that guy" who does nothing but rant and rave, but i am at my wits (the ones i still DO have) end. I feel like I've got my hands tied behind my back and that all these levels of the VA are giving me conflicting stories. Please, anybody... I need help.

You have to immediately file for a hearing, you only have either 30, or 60 days from the date of the proposal to reduce to do so. They will not reduce your percentage until the outcome of the appeal. You only get one shot to prove your case so prepare. It will be conducted in the same mannor as a DRO hearing, and your VSO will be present to represent you. As I said the important thing is to file your appeal ASAP.

JMO,

Bergie

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Thanks for the input guys. I've pulled up my paperwork on all my claim process. The paragraph of my rating decision titled Rating states, "Evaluation of posttraumatic stress disorder with panic order and major depression, which is currently 70 percent disabling, is proposed to be decreased to 50 percent." These people have their diagnoses/percentage evals so backwards. I got 70% in 2006 for PTSD acute onset, moderate; Major Depression, severe in remission. Now, it has been prosed I be reduced 20% down to 50% for PTSD, chronic, severe (note that the level of ptsd has worsened since 2006); Panic Disorder with agorophobia (didn't get dx'ed that in 2006, so that's a newly added dx); and Major Depression, recurrent, in partial remission. It just seems awfully peculiar to me that my ptsd diagnosis has worsened and they now want to reduce my percentage.

With that all being said I get a letter from the VA Regional Office in Waco, TX, stating the following: "We cannot accept your notice of disagreement because our decision date June 7, 2010, was only a proposal to reduce the evaluation assigned your posttraumatic stress disorder with panic disorder and major depression. A proposed adverse reaction is merely a preliminary action that is not appealable and a notice of appelate rights will be furnished when a final decision is made." ... ?????????? .... I have been under the impression that I had to appeal before the final decision was made. Otherwise I would be out of luck. I see that yall have mentioned a 30-60 day required appeal timeframe. If there is a specific regulation referring tothe required appeal time, can you please post it? Again, I can't stress enough how much I appreciate everybody's advice and help. Thanks again.

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They can do this. Propose to reduce a SC disability. You have to wait until a decision can be reached, Get your NOD ready now. Also discuss with an Attorney. Have them as back up ready to go when it does or if it does. This also may not be the first attempt to reduce as I see a Rocky Road ahead for quite a few folks.

J

Edited by jbasser

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The VBA is correct, you do not file a NOD on a proposal to reduce,

as was already posted, you file a request for a hearing to take place

prior to any reduction.

Your time limit to do this may have expired.

Also, just as a second chance - what exactly did you state in this NOD you submitted ?

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