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Found 7 results

  1. Hi, all. I searched high and low for an answer to this question, and I figured other veterans might be curious if anyone knows the answer, too. When the VA schedules you for a reevaluation of your already service-connected compensable disability, one of the possibilities is the VA could draw the conclusion that your condition has improved and propose a reduction. For that process, the VA is required to notify you of the proposal (this will be by mail, most likely) and afford you time to respond. However, my question is this: most of us use eBenefits to track the status of our claims. When our claim moves to "complete," we go to the "disabilities" tab to see the percentage or check out the VA Letters (i.e., VB8) to see percentages, compensation amounts, total and permanent status, etc. This is usually a week or two ahead of the letter arriving in the mail. Question: If your claim moves to "complete" in eBenefits, and the VA decision is a -proposed- rating reduction, will the percentages change in eBenefits? or the Letter Language? Will a new claim appear that says "proposal for reduction" or something similar? Just curious what eBenefits looks like when your claim moves to complete and the VA decision is a reduction. eBenefits is unofficial, of course. :) Thanks!
  2. Under Explanation his letter informs me of a reduction in my PTSD disability rating from 50% to 30%. It lists the reasoning for this decision. They noted all these items as reasons for the reduction but never explained how they arrived at their decision other than "the overall evidentiary record shows":... No where do any of these terms show up in any evaluation in my medical records. I've appealed it. How do they get away with manufacturing this type of evidence? Of course they did not give me due process, I had no predetermination hearing. In my NOD I stated, "To date I have not received this predetermination hearing. I believe this may have been offered in correspondence somewhere, but the confusion of proposed vs. an actual reduction may have clouded the issue. In any event, if I am entitled to a hearing, I request one be scheduled." Do you think I have a case?
  3. Given this situation: Entrance exam . Decision letter text: Rating criteria This recent BVA CUE win stated the denial was based on verbal statements instead of the presumption of soundness and criteria for aggravation was incorrectly used instead of direct SC. http://www.va.gov/vetapp14/Files3/1422654.txt Question 1 Could the same CUE logic be applied if subjective statements in STRs by the veteran are given more weight than the presumption of soundness and the claim was treated as aggravation instead of direct SC? Question 2 If the VA states "the difference between disability evaluations before and after military service determines the degree of disability subject to SC", did the VA correctly reduce by 10% or should 0% have been used because the entrance exam failed to meet 10% criteria? Thanks
  4. If you are asking, "Am I entitled to an earlier effective date (retro, could be big bucks)?" Information about Reductions (5 year, 10 year, and 20 year protections): Then read about these and see if they apply to you: 1. http://www.purpleheart.org/ServiceProgram/Training2014/BasicEFFECTIVEDATES.pdf 2. The above is an updated version of the 2011 effective date training. However, for some the 2011 version is easier to understand: http://www.purpleheart.org/ServiceProgram/Training2011/W-2 Common VA Effective Date ErrorsL.pdf .
  5. Hello fellow Veterans! I have a question that I need your help with. I was rated 0% in 2002 when I was medically retired under chapter 61 for sleep apnea and 40% for LBP and 30% Asthma. A year later I filed for an increase cause my symptoms came back after my uvulopalatopharyngoplasty surgery on AD, I was award 50% for sleep apnea( on CPAP). Last year I field a calim for my knee, then they told me that they had made an mistake and I could'nt get Asthma and sleep apnea rating! So I found the below information and I wonder if it fits the bill for what I'm going thru? Does the10 year rule apply here? I asked for a hearing, but they been putting me off for over a year now. A. Section 1159 of title 38, United States Code, and its implementing regulation, 38 C.F.R. § 3.957, protect a grant of service connection (unless the grant was based on fraud or military records clearly show that the person concerned did not have the requisite service or character of discharge) that has been in effect for ten years or longer, as computed from the effective date of the establishment of service connection. Those provisions protect even service connection errone­ously and recently granted, but with an effective date more than ten years before the date of the decision establishing service connection. The Department of Veterans Affairs (VA) may not sever such a grant of service connection (in the absence of fraud or lack of requisite service or character of discharge).
  6. Hey guys this is my first post so I hope I have it in the right area :) I was rated at 80% and in March I got a letter saying I scheduled an appointment for my back and that I had an appointment. I never asked the VA for an appointment, so I called up the office and told them I didn't request and appointment. I got transferred all around the hospital and after an hour of so I got disconnected and forgot to call back the next day. Today I got a letter saying they are dropping one of my claims to 0 percent "Thoracolumber spine". Now im worried that if I fight this they are going to reopen all of my medical cases and make me come in for all these tests like they did the first time. Info on my disabilities. My back is still injured but I switched my profession to a desk job so I didn't keep aggravating my back. I require no doctors appointments because I changed my lifestyle, but if I do lift something heavy or bend my back too far it starts to hurt again. Basically i'm asking if I fight the VA on this 10% drop now are they going to force me to drive to the VA over an hour away a million time to get all of my other claims reevaluated.
  7. Greetings all: Well I was on eBennies today checking my appointments (to see if any stealth C&P's have been requested) and decided to look over on the documents section and found a new letter a "summary of Benefits", so I opened it up and let it print all of the fields (apparently you are allowed to customize what data is shown). I actually have a letter that states my % along with my monthly award. It even discusses that I am not permanent and total because I have a review scheduled for October 1, 2013. it also goes on to state I am not permanent and total because I have a future scheduled reduction on October 1, 2013. It also goes on to state I am service connected for loss of use of a limb, or I am totally blind in or missing at least one eye (2, 2, 2 all accounted for WTF?). Now I was told by the appeals section at Detroit they were working my file in August (didn't say what year). What do you folks think, is this 10/1/2013 date a default on implementation to the beginning of the next fiscal year? I do not have a convalescence rating for hospitalization. They can't reduce without an exam can they? How could they have a reduction scheduled for October 1, 2013 if I have not received any notice (I believe they have to give 60 days notice by CFR/M21-1MR). This has me a little un-nerved because I get the distinct impression my RO doesn't like me. Maybe this proposed reduction isn't real since the question on loss of limb or sight is incorrect also. Opinions Ideas ????
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