winger

Hi folks has anyone waited over a year for the predetermination hearing , I mean this is ok with me cause I'm still holding my rating. Could they have decided not to reduce my rating and not told me? Thanks Winger

Hi Folks , Iwas hoping someone could give me an idea on how long a predetermination hearing should take and is there some kinda of rule they must follow as to when a meeting with a DRO should be set up . It has been 9 months since my dav rep put in for a meeting at the local Varo. This is regarding the VA proposing to reduce my iu/pt status From 60% and 40% iu back to my rating of 50% awarded to me in 4/76. In 4/02 I applied for an increase because my bilateral shoulder cond. worsened and when I recieved my answer it was additional 10% for DJD and awarded me iu/pt 60%/40% . I never applied for iu/pt but because my cond. made me unemployable They made it pt. Well back in 3/08 they said they found a cue with my award in 02 because djd is pyramiding on post operative status of 50% which Ive held for 30 years. The thing is after recieving thier proposal to reduce ,I went to get reviewed by private doc along with VA doc s who both say surgery is only way to possibly improve my cond. but heres the catch I have been ruled out for surgery due to heart cond. non sc. So I guess just looking for some opinions and time limits on this hearing. I'm still getting paid but who knows for how long? Iwas under the impression they are not supposed to reduce an award unless there has been some improvement and clearly there has not been any and they have worsened. any help would be greatly appriciated. Thanks Winger

Thanks John, The Cue was the VAs determination that they added 10% for each shoulder due to DJD which brought me to 60% and then awarded me 40% IU without me requesting it. I believe it my rating was inffered. after 6 yrs of pt/iu the found a cue citing pyramiding of similar cond. of ROM. There are exceptions I'm not sure if I fit but their reccomendation is to bring me back to 50% based on the fact I dont meet the criteria for IU at 50%. My cond. has worsened the only thing different is the way I'm being rated. This is madening, this all started because they say they never recieved my 21-4140. I guess I'm just venting a little. thanks for the reply Winger

Hi folks, a CUE was found when a ro re-examined my file after a 21-4140 form was presumed missing. I have put most of my info about my case on this board. after reading one of the postings here, this one was by T-Bird about the 5 year stability of a condition and the way I understood it was (If my cond. has remained stable or worsened reduction in the currently held rating could not be reduced) Does that sound right? I have held a 50% rating for 30 yrs and the last 6 of them were at the 60/40 pt/iu status. Can I apply this ruling to my case? Any help or direction would be appreciated. I read a lot of bva cases and many listed on google. My predetermination hearing should be coming up soon and I'm getting anxious. Thanks Winger72

Hi Berta Yes I have returned all records and responded to all deadlines. I am waiting for a date for my predetermination hearing that is supposed to be at my local VARO. I will attend along with my POA DAV, and have also requested an inquiry from my congressman's office . I know this might slow things down a but I can use this time to better prepare. I have a question though , In all the paperwork I have received mt rating has never been referred to as TDIU. I have received letters from my VARO stating my status was P&T/IU have received the chapter 35 benefits and health care for my wife. the rating was split 60% /40% but never called TDIU. Is this just another way of identifying my status? Thanks Winger

Thanks Carlie, What do you think about my claim? I have Have had a private doc review my cond. and he recommends surgery because the staple has begun to migrate in my shoulder and my right is very unstable and also needs surgery. The VA exam in 2003 was a surgery recommendation also . Problem is I am a poor candidate for surgery because of a heart cond. blood pressure, among others. Because they are saying the decision in 2002 was pyramiding with djd on a postoperative status that I should not have received the 10% for each shoulder for DJD. That may be so but because of their percent change my cond. did not get better it got worse and more complex. I May be wrong but because the VA made the mistake I am allowed to add evidence after the cue in 2002. Iknow these cases are hard to win but after reviewing the progression of this cue some thing is not right. Like why did someone on the rating team specifically want my c&p to continue when almost all cases regarding the missing 21-4140 go away when the form is received. I don't know maybe I'm reaching but this is really taking a toll on my family and myself . I have research case logs and found cases like mine that have been rated higher. which I've copied. But I'm hoping I can pick up some more information here to help me with this proposal. Thanks again for your input. the wording I received was my hearing was called predetermination. and I will most certainly be there. thanks Winger

Berta , thank you for answering my post. I,m not sure I was TDIU I was receiving ch 35 Health benefit for spouse ID card and letters from varo stating I am P&T /IU. I have not submitted SOC yet there has been no request Just the VA proposal to reduce my award. The DAV is just waiting for the VA reply. They told me to get a doc to say I could not do work because of my condition and have them say its permanent. and they will do the rest. I have been reading about this claim i have since March 08. I know this hearing is coming soon so Im getting a little worried. Could the decision they made in 4/02 be a Inferred claim because I never asked for P&T /IU they just gave to me on a request for an increase? again thanks for your intrest I hope I answered your questions Winger

Hi folks, this is mt first post please bare with me. I Was awarded PT&IU on 4/18/02 after I applied for an increase on a bilateral shoulder condition , which I was medically discharged from USMC on2/76 TDRL first then VA picked it up an gave me 50% and have held that since 30yrs+. The increase I applied for in 2002came back rated 60/40 PT/IU I Have also held that since that date. Well back in 4/08 I received a letter reducing my rate back to 60% because of 2140 employment questionnaire they said they did not receive. I did mail it like I always do but, I Guess it didn't reach them. Immediately hand carried a new one the day after I got their letter and got a stamped and received copy of the 2140. Now this was all supposed to go away as soon as the paperwork caught up. The told me at the Varo This should not be a problem and I asked for a letter of proof of 100% for my life insurance so they would continue paying my premiums. They gave it to me with no problems. I know this is wordy but please read on. The problem started when the exam scheduled for me because of questionnaire was still on. It should have been stopped along with the other proceedings. When I called the VARO I Asked why it was still on and the rep said because the 2140 was not in , again I told him it was and have a stamped copy. I Asked him again and was told the exam would continue because someone on the rating team wanted it to and no reason was given. So I went to DAV and let them represent me. I also went to C&P which was for IU. By the way the day after my phone call to VARO about exam I received a letter that said periodically the VA reviews claims to verify the cond. and to see if its properly rated. I am rated for bilateral shoulder Postoperative status code 5202 Left at 30% ,right at 20% since 2/16 /76 . when I applied for an increase in 02 because my cond. had worsened-and it came back ; service connection for DJD rt shoulder 10% and SC for DJD left shoulder at 10% They added the 10 and 10% for 10% which brought me to 60% and awarded me 40% IU P&T. I never applied for IU It Was give to me without the 8940 application for IU. I believe this is an inferred claim? Well after my C&P was done I got a call from the RO asking me to fill out the IU application because it was not done in 02 and they needed it for their records this didn't sound right so I asked what if I don't turn it in, He said it would go bad for me. then I asked him are you folks trying to take my IU away? The rep said No not at all we just need it for an up date This conversation is almost word for word, I also have his Name and what office he works in. So I receive the VA proposed reduction in rating for me. and under the evidence section there was my IU application form that was supposed to be for the 2002 records. also the c&pwhich was done poorly and by a GP doc. I logged a complaint with the pat adv. at Hosp. What the Va is saying is that because they added the djd to my postoperative status it is pyramiding therefore it is considered a CU&E based on the 2002 records. I have held my 100% for over6 yrs. I am currently waiting for a date for the predetermination hearing at my VARO. The DAV submitted my disagreement letter on 7/20/08. The bottom line is my cond. has worsened to the point of only surgery to correct the problems . This was recommended by the VA orthro DEP and My Private MD. Two years ago I went to the VA for a orthro check up on shoulders at that meeting They said it could only be fixed by surgery and exercise but only come back if you want surgery. I have this report which the VA missed when the reviewed me for this reduction. Ok Sorry it was so long thanks for reading. I'm looking for advice, resources, any input would be most appreciated Thanks WINGER 72

Hi folks, this is mt first post please bare with me. I Was awarded PT&IU on 4/18/02 after I applied for an increase on a bilateral shoulder condition , which I was medically discharged from USMC on2/76 TDRL first then VA picked it up an gave me 50% and have held that since 30yrs+. The increase I applied for in 2002came back rated 60/40 PT/IU I Have also held that since that date. Well back in 4/08 I received a letter reducing my rate back to 60% because of 2140 employment questionnaire they said they did not receive. I did mail it like I always do but, I Guess it didn't reach them. Immediately hand carried a new one the day after I got their letter and got a stamped and received copy of the 2140. Now this was all supposed to go away as soon as the paperwork caught up. The told me at the Varo This should not be a problem and I asked for a letter of proof of 100% for my life insurance so they would continue paying my premiums. They gave it to me with no problems. I know this is wordy but please read on. The problem started when the exam scheduled for me because of questionnaire was still on. It should have been stopped along with the other proceedings. When I called the VARO I Asked why it was still on and the rep said because the 2140 was not in , again I told him it was and have a stamped copy. I Asked him again and was told the exam would continue because someone on the rating team wanted it to and no reason was given. So I went to DAV and let them represent me. I also went to C&P which was for IU. By the way the day after my phone call to VARO about exam I received a letter that said periodically the VA reviews claims to verify the cond. and to see if its properly rated. I am rated for bilateral shoulder Postoperative status code 5202 Left at 30% ,right at 20% since 2/16 /76 . when I applied for an increase in 02 because my cond. had worsened-and it came back ; service connection for DJD rt shoulder 10% and SC for DJD left shoulder at 10% They added the 10 and 10% for 10% which brought me to 60% and awarded me 40% IU P&T. I never applied for IU It Was give to me without the 8940 application for IU. I believe this is an inferred claim? Well after my C&P was done I got a call from the RO asking me to fill out the IU application because it was not done in 02 and they needed it for their records this didn't sound right so I asked what if I don't turn it in, He said it would go bad for me. then I asked him are you folks trying to take my IU away? The rep said No not at all we just need it for an up date This conversation is almost word for word, I also have his Name and what office he works in. So I receive the VA proposed reduction in rating for me. and under the evidence section there was my IU application form that was supposed to be for the 2002 records. also the c&pwhich was done poorly and by a GP doc. I logged a complaint with the pat adv. at Hosp. What the Va is saying is that because they added the djd to my postoperative status it is pyramiding therefore it is considered a CU&E based on the 2002 records. I have held my 100% for over6 yrs. I am currently waiting for a date for the predetermination hearing at my VARO. The DAV submitted my disagreement letter on 7/20/08. The bottom line is my cond. has worsened to the point of only surgery to correct the problems . This was recommended by the VA orthro DEP and My Private MD. Two years ago I went to the VA for a orthro check up on shoulders at that meeting They said it could only be fixed by surgery and exercise but only come back if you want surgery. I have this report which the VA missed when the reviewed me for this reduction. Ok Sorry it was so long thanks for reading. I'm looking for advice, resources, any input would be most appreciated Thanks WINGER 72