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Rebuttal Kicked Back?!?

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BigCountryVet

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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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Does anyone know how many Vets that was previously SC for PTSD has gone through a C&P exam or is scheduled for one since the new law? I have been told not to be nervous, but how can you not be.

Papa

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  • HadIt.com Elder

You have 30 days, from the date of the proposed reduction, to request a hearing. Failure to request the hearing "will" result in the reduction happening. At that point you would file the NOD. If you are still within the 30 days you should request the hearing and bring all your evidence, that would be in your NOD, to the hearing. If you're successful there won't be a reduction. Also, I would request an increase at the hearing. Sometimes the best defense is an attack. Having a hearing will stall the reduction, a couple of months, even if you lose.

pr

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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  • HadIt.com Elder

I agree with Philip & Carlie.

Additionally, I'd shoot off a letter sent via cert. mail that explains your rebuttal (counter-proposal) was specific in addressing the proposal for reduction and that you request the R/O help in developing the new evidence (SSDI letter) submitted with your rebuttal (counter-proposal). Explain that it was your intent to offer further evidence to the proposal in the rating while the RO was weighing evidence for a decrease. Specifically, ask for the VA to help you in your effort to properly introduce your evidence in the final decision so that all evidence can be weighed.

Also-

"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."

Never accept anything from the VA telling you whatever is "no good", your not a legal expert (and they are not either) and the system is set up to offer you assistance because of this. Simply explain what your intent was and the RO has the duty to help you properly complete the task of your intent. Regardless of outcome, you have an appeal-able issue for each- reduction (if so happens) and failure to assist (retroactive).

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What did your regular treating psychiatrist say in his notes about you? Did he say you were getting better, worse, or staying the same?

Not to imply that I'm the absolute worst case in recorded veteran history, BUT my psych doc did let me know I was probably the most severe case of PTSD he's dealt with as a military psych dr.

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Poolguy,

Where do I need to send that certified letter you mentioned? Also, who/what dept do I need to ask for help from in properly introducing my evidence to support my claim? Two of my strong pieces of evidence in support of an increase from 70% to something higher are: my new SSDI award letter and my most recent (May 2010) C&P full review notes. This most recent C&P notes that my original C&P warranted me lower level diagnoses followed by the newest diagnoses which have, by comparison, worsened (NOT improved) I am going to start researching local attorneys to have on deck in case I don't see any results following your reccomendations.

Thanks again guys. This is by far the best support group I've been involved in during my time as a veteran.

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