Richard Williams

I've submitted a VA NOD for a reduction the VA has made of my disability rating for prostate cancer residuals and I asked why my rating was reduced without a medical re-examination. VA said the decision was based on an in-house review of my records and their tables of benefits. Now, out of the blue, they have asked me to have a complete medical examination with their VA contracted doctor to assess all of my individual disabilities, including wounds in combat and other service connected disabilities. But the re-examination I requested for prostate cancer was not on the list to be assessed in the medical examination. They are requesting this complete exam and have not given me a reason why they are doing so. I have had most of these benefits since my retirement from the military nearly 22 years ago. I'm concerned that this could be some kind of retribution for my NOD. I will be grateful for your advice.

Many thank to all concerned for the very useful advice!

Thanks to all of you who replied - for your thoughtful advice. I have written to John Dorle for his advice/assistance and I've now asked VA for a DOR Hearing in the hope of getting this resolved. As it is likely to take, according to the VA, another 1 1/2 years+ to resolve the NOD, I have considered applying for VA Individual Unemployability, as I am now unable to be employed as before. Could you tell me your views of that possible course of action?

When notifying me of their intent to reduce my advanced/stage III prostate cancer (PC) disability to PC "residuals", in h/her assessment, the VA's adjudicator's rationale for the reduction, assumed that after treatment, the cancer was now in remission, a decision with which my team of doctors did not concur. On receiving notification of the VA's intent, I submitted a Notice of Disagreement (NOD), with additional medical evidence provided by my physician, that verified that my residuals should be 80%, (versus 60%) based on the VA's own criteria. The VA did not reply to my NOD, but later notified me that their estimate of the NOD's anticipated resolution was 567 days, due to their backlog & any appeal I might submit would have an undetermined end date due to their backlog. The VA then, at the end of Feb. 2019, unilaterally, without consulting with me, reduced my disability & compensation without following the normal VA procedure, i.e., sending me a letter of reexamination and arranging with me to have a physical reexamination by a VA appointed physician before a decision could be taken by the VA to reduce my disability rating & compensation. At this point, the VA has not given me their decision on my request to reinstate my previous rating until the VA procedure is followed to make an interim decision on my disability compensation. I will be grateful for advice and recommendations.