butlerg

It was reduced with reasons and bases of the symptoms not longer warranted compensation... It was mistakenly examined during a C&P that was supposed to check for adhesions secondary to the ventral henria. Of course for a reduction the VA has to prove improvement, it does not matter what my symptoms are. I don't have to prove I deserve the rating they have to prove I don't. I've been rethinking and it appears that 38 C.F.R. § 3.344 (a) and (b) do apply because the disability went from 20 to 40 there by proving it was not likely to improve...

Question I'd really like an answer too... Ventral hernia rated at 20% for 15 years Raised to 40% for 1 year Then Reduced to 0 - Inquiring minds want to know going from 40 to 20 obviously is not protected it existed for only 1 year at 40% However, would the part of going below 20% be protected because it existed for 15 years or the whole thing is unprotected because of the one year old increase????

I got no notice becuase one went up and other went down, no change in compensation. I have turned in a NOD on the reduction and requested no DRO just go to BVA. 60 days is not much time for a fully developed "Substantive Appeal" so am working on it now based on the decision "reasons and bases". Figured if I could see the actual "SOC" for a reduction (just the boiler plate stuff) I could work rebutting it now. I may be mistaken but from what I've found on the web most of a SOC boiler plate type stuff, only last couple of pages that relates to the decision itself.

I was wondering if anyone who has received a Statment of Case for an unprotected (reduction of disability under 5 years old) would be willing to remove all personal and disability stuff and send it to me so that I could prepare appeal verbage for the "boiler plate" garbage. Or point me to one on the web? If so please forward it to: [Removed Personal Identifying Information - Please do not post personal identification information ask members to PM you on the board and if you chose then give them your email address] Thanks Gary