S/c Disability

[windy city]

Can the VA reduce your percentage for a s/c disability by looking at your doctors notes or do they have to give you a C/P exam to determine that?

[cloudcroft]

My guess is no, not by notes alone.

But doctor notes -- if they indicate a change in the level (severity) of your disabiity for the better or worse -- could make the VA schedule a C&P to find out.

Actually, in the real world and IMO, it seems that the VA usually looks to see if your disability is getting better and if so, THEY will schedule a reevaluation (C&P). Conversely, if your disability is getting worse -- which would mean a higher rating/compensation for you -- they seem to "inadvertently overlook" that and YOU have to initiate a reevaluation. In the 10+ years MY disability was getting worse, I didn't hear a peep from the VA...I had to take the initiative to get a C&P/reevaluation myself.

In short then, doctor notes can't change your rating -- that alone is not "due process" if you will -- but could initiate a C&P on the basis that your disability is improving so your rating should be decreased.

JMO...someone will correct me soon if I am wrong.

-- John D.

Can the VA reduce your percentage for a s/c disability by looking at your doctors notes or do they have to give you a C/P exam to determine that?

Edited July 1, 2007 by cloudcroft

[john999]

John

The doctor can't change your rating. That is up to the VA benefits department. If a rating has been in effect for five years it is considered static. The VA is not supposed to reduce such a rating without considering the entire history of the vet. I would bet they reduce vets without doing this in hopes the vet will just accept it. There should be some monetary punishment for these actions besides just reinstituting the rating level. Also, if their is evidence in your record that your disability is getting worse that is an inferred claim. I don't know of one instance where the VA actually acts on inferred claims without the vet filing a claim. I had an inferred claim when I was hopitalized and the VA granted an increase but not until I filed a claim and used the hopitalization date for an EED. When I had my Agent Oragne exam I believe that since they found evidence of DMII I should have had an inferred claim but not until I filed did the VA do one thing. The VBM says that when there is evidence of a disability or increase of disability in your file that the VA has a duty to adjudicate this inferred claim. I think one of the VA's worst abuses is when they say you have high glucose levels or glucose intolerance. This is actually Diabetes but they deceive the vet by not making the actual diagnosis instead saying pre-diabets or glucose intolerance. T

[Berta]

This info might help answer all that:

http://www.hadit.com/library/law/ratingreduction.htm