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butlerg
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Posts posted by butlerg
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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????
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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.
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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
Protected / Unprotected Rating
in VA Disability Claims Research
Posted
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...