[Rating Reduction from 100% to 10%]

I was able to upload the files today. As mentioned above I was sent both a proposal and a decision letter on the same day. Attached is the pertinent information from each letter.

[Rating Reduction from 100% to 10%]

For some reason I'm not able to upload files or add links. Do you need to have a certain number of posts to do either of these?

[Rating Reduction from 100% to 10%]

Back in March of 2013 I was awarded a schedular rating of 100% for hypothyroidism, 20% for meniscal tear right knee, 20% for meniscal tear left knee, 10% tinnitus, 0% hypertension, all of which were retroactive to August 2011. In August of this year I was sent to a C&P Exam for my hypothyroidism, my condition has not improved and in fact has worsened, I explained this to the examiner but she seemed reluctant to accept it since I am on medication. A day or two after the C&P exam I sent a letter (certified mail) to the VARO stating that I have not improved and listed the symptoms that have worsened and the symptoms that have remained static. A few days ago I received a letter, dated Sept 23, that the VA is proposing a reduction from 100% to 10% for hypothyroidism because they "noted some improvement", the letter states that my combined evaluation will drop from 100% to 50%. I also received a second letter, dated Sept 23, it states that they made a decision and the hypothyroidism is rated at 10%, the effective date is left blank, it also states "your current benefit payment will continue unchanged." I was also just informed that they want to send me to another C&P exam for my knees.

I should also mention that I have not been to a VA doctor since my original award so the only evidence that they have listed on the proposal letter is the original March 2013 award and the August 2015 exam.

From my research I thought that a 100% rating required the VA to prove a material improvement under the ordinary condition of life. Their incorrect assertion of some improvement is not necessarily "material improvement" and I also do not lead a normal daily life since I do not work full time, I have my own part time business that I come and go as I please depending on my energy levels and how I feel, earning little to no income.

I thought that I had 60 days to respond to the VA with evidence regarding the proposed reduction. How can they send a proposal and decision letter on the same day? It's also odd that the decision letter states "your current benefit payment will continue unchanged." and that their is no effective date.

Currently I need to find an attorney that is a expert in VA claims as well as a doctor to verify that my condition has not improved since my previous award decision. Do you have any recommendations? or any other thoughts on this subject?

 

[100% Compensation]

I found this interesting, I logged in to pay my Federal Student Loan today and on 3/28/13 it was paid in full, no details as to where the payment came from. I can only assume that the VA made this payment, whats odd is I have not filed any paperwork in regards to my student loan with the VA. Would they take the initiative to do this on their own?

[100% Compensation]

Needs to hold the rating for 20 years inorder to be protected.

I'm considering appealing for P&T, does anyone know if their could be a drawback to a appeal? (such as lowering my rating)

[100% Compensation]

I received my back pay today. Better late then never.

[100% Compensation]

Congrats to you. You have earned it. My question on the hyptension is out of all the claim Hypertension is the most dangerous one. But, they rated it at 0%? I just don't understand that one.

Anway, Dr. Bash is the man....

Best of luck brother....

The 0% rating would be technically correct, my pressure is not high enough for a higher evaluation. If my pressure ever increased I will have the option to have it reevaluated. I beleive I would need another rating of 30% or more to hit the 100% + 60% anyway.

[100% Compensation]

CG you did a great job for yourself. I would apply for SMC "S" if I were you. Did the VA consider you for Housebound? You are very close to the 100%+ 60% anyway. Are you housebound? What are secondary effects of gland diseases? You probably have state benefits as well.

John

I do not think I qualify for SMC "S" I am not house bound and I am not at 100% + 60%, If I did my math right I am at 100% + 40%, possibly in time I will be at 100% + 60%. Their is a whole list of secondary affects most of which would be covered by the Hypothyroidism raiting, one that stand out from Hypogonadism would be Azoospermia, Oligozoospermia, Asthenozoospermia. I would need a semen anaysis, my private doctor has written me a script to get one done but I have not done it yet. BTW I'm 33yo without children.

[100% Compensation]

Was the 100% a P & T award? I do not P & T anywhere so I do not beleive it is, I'm not sure I would want to mess with fighting it at this point. Does anyone know if I have anthing that I can loose by appealing for P&T?

Have you applied for, or do you already receive SSDI benefits? No, I am still able to work some and would be bored out of my mind if I didn't have something to do.

Was the hypothyroidism/hyogonadism due to a TBI? Either TBI or radiation, its technically hypopituitaryism which is causing the hypothyroidism and hypogonadism.

I am familiar with some of these terms in relation to the pituatary glands.

I would think the hypothyroidism/hyogonadism , regardless of the service cause, would be a total and permanent disability. I would think so as well, I do not beleive that it will reverse it self. I have not read about these type of injuries spontaniously reversing themselves, at least at this level.

“I have not seen any payment as of yet, the letter stated that I should see payment within 15 days, I am not sure if that will include retroactive pay. Since I am rated at 100% I will now attempt to have my student loans forgiven in full and I will apply for S-DVI insurance. Good luck to all my fellow disabled vets, I wish you all success in your claims as well as your future endeavors. “

When my deceased husband applied for a student loan waiver, I recall the VA declared him P & T on the form from the Higher Ed Department of NYS,so I guess I think that is what Student Loan waivers require but not sure. I looked through the paperwork they send me for the student loan waiver and it does not mention a need for P&T. It states "To be eligible, the Veteran must have a service-connected disability(ies) that is 100% disabiling, or be totally disabled basoned on Individual Unemplyability determination.

The P & T designation comes with other benefits.

Your retroactive payment should have the date of the claim as the EED (Earliest Effective date)

regarding the claim you filed and appealed.

When you said you filed the claim on your own, is this the claim that the BVA awarded? The BVA as well as the more recent claim were done on my own.

Was there another claim denied ,and unappealed, ???? My first claim was denied, then the BVA agreed with me and awaded me 0% right knee. On my second claim my knee was reevaluated at 20%.

I might be confused here on that. If the original denial was continuously prosecuted and the award comes from that ortiginal claimn, then the date of filing that claim should be the EED for the retro.

Check the bank account from time to time for the Retro money.

You did VERY WELL!!!!!

Not all claims need the type of research and perseverance you gave to your claim, but Most of them, these days, DO!

I hoe everyone out there who reads as a guest and our members carefully consider what you did here.

You left NO stone unturned!!!!

Dr. Bash was a good investment you made. He did 2 IMOs for me and I would stil be fighting the VA without them.

I hope you stay with us and become an active part of hadit because your story has already helped MANY and it is a testament to what it often takes to succeed:

“This took a lot of work, research, appointments, time and expenses on my part. I believe my success in my rating decision was from my research and hard work, I believe Br. Bash's opinion was extremely valuable, and I believe providing ample documentation from medical doctors (VA as well as independent) laid out in a organized fashion was crucial. “

That says it all. Congratulations and Welcome to hadit!!!!

[100% Compensation]

Here is my story, Honorable discharged in 2006 after 5 years AD. In 2009 I placed a claim for a torn meniscus right knee and used a service organization/veterans representative to help me, my claim was denied. I then read all I could on the internet and forums and decided to file a appeal on my own using the knowledge I aquired. I then filed a claim on my own, against the advice of everyone (not including the internet forums), for hypothyroidism/hyogonadism, left knee torn meniscus, tinnitus, and hypertension. I scheduled multiple appointment with independent doctors as well as VA doctors so they could examine me and I compiled those medical records. I contacted Dr. Bash and had him review ALL my medical records to date and he interview me, he wrote a Independent Medical Expert Nexus Opinion. I contacted people whom I was stationed with and I knew well and had them write letters to support my claim, I had friends and family write letters of support. I then put together a entire packet with a outline and tabbed everything so they VARO could easily navigate it and review all the information from my records, opinions, and statements. In October of 2012 I received a letter from the BVA that they agreed my knee was service connected and awarded me 0%. Yesterday 3/23/2013 I received a package from the VARO that rated me as follows. Hypothyroidism/Hypogonadism 100%, Right knee 20%, Left knee 20%, Tinnitus 10%, Hypertension rated at 0%.

It did take a long time from the time I submitted my first claim but needless to say I am pleased with the final outcome. This took a lot of work, research, appointments, time and expenses on my part. I believe my success in my rating decision was from my research and hard work, I believe Br. Bash's opinion was extremely valuable, and I believe providing ample documentation from medical doctors (VA as well as independent) laid out in a organized fashion was crucial.

I have not seen any payment as of yet, the letter stated that I should see payment within 15 days, I am not sure if that will include retroactive pay. Since I am rated at 100% I will now attempt to have my student loans forgiven in full and I will apply for S-DVI insurance. Good luck to all my fellow disabled vets, I wish you all success in your claims as well as your future endeavors.

[Submit An Additonal Claim Now Or Wait?]

Two years ago I submitted a claim for for a meniscal tear in my right knee that occurred while I was in service. A VA rep helped me fill out my claim and it was denied, I believe he gave me poor advice and assistance. I then filed a appeal on my own and was able to find proof, in military and VA medical records, that contradicted ever single one of the reasons that the VA listed for denying my claim. I am still waiting to hear what the decision of the appeal will be, but I imagine that it would be successful since I used government records to contradict the denial. I have other problems that I would like to claim as well and I want to know if I should claim them immediately or wait until they reach a decision from the initial claim. My other claims are as follows:

1. My left knee has been consistently been getting more painful (I believe it is due to the fact that my left knee is compensating for the injury in the right knee and may now be injured from over use).
2. I was/am having trouble sleeping, the VA ran blood tests on me and discovered my thyroid and testosterone levels are low so they prescribed me medication for both at the age of 29 (I was a electronics technician at a communication station for 3.5 years and was exposed to RF radiation and x-ray radiation on a daily basis).
3. I had a sinuplasty for a deviated septum while in service and the surgery worsened the deviation.
4. Despite receiving thyroid and testosterone medication I am still having a hard time sleeping, I believe that this may be due to problems with my thyroid/testosterone levels.
5. My blood pressure was perfect 120/80 when I entered service and part way through my enlistment I started to get elevated readings, the medical staff would always make me sit and rest until my pressure fell to no more 135/90. Ever since then I have had elevated blood pressure.

My medical insurance recently kicked in so I will be making appointments with doctors to get all my problems examined thoroughly and I will attempt to get IMO if the problems are valid claims. My questions are should I submit a claim now or should I wait for the appeal to go through. Second, do my 5 claims sound to have merit? I am not in dire need of money but I would like to have these problems rated in case they worsen in the future to the point where I am unable to work.