100% P&t Is Now Not Going Away!

[Scottyp65]

I was just informed a letter is in the mail to inform me that the VA is proposing to reduce my rating !!!!!!

*(&(*&(*^*&%*&^*@@$#@$!!!!!

Oh and now comes the endles BS while trying to resolve this and oh how quick will they respond to cut off the dependent benefits while still paying so there will be a NO PAY DUE issue right at Christmas!!!!

Oh the fun never stops!!!!!!

Edited December 19, 2007 by Scottyp65 (see edit history)

[Pete53]

Did they give you a reason? You better fight this with all you have. I believe that they have to continue to pay you if you Appeal. I recommend that you go to see your VSO with all the paperwork that you have.

Also use Hadit to help you.

Good Luck

[Scottyp65]

Pete,

I have contacted my local reps and the battle field prep is being worked as I type.

Edited January 3, 2008 by Scottyp65 (see edit history)

[Scottyp65]

a rock and a hard place!

Edited January 3, 2008 by Scottyp65 (see edit history)

[Guest morgan]

Scott, I'm sorry you're having to deal with this. It must have been shocking to get that letter. Dr. Bash told me this is happening more often than usual nationwide. Veterans are filing a claim for one condition and having the VA propose reduction on a totally different one.

The Court has ruled that pain on movement is relevant in rating. Here's some info that might help:

In evaluating a service-connected disability involving a

joint, the Board must consider functional loss due to pain

under 38 C.F.R. § 4.40 and functional loss due to weakness,

fatigability, incoordination or pain on movement of a joint

under 38 C.F.R. § 4.45. See DeLuca v. Brown, 8 Vet. App. 202

(1995). Diagnostic codes pertaining to range of motion do

not subsume 38 C.F.R. § 4.40 and § 4.45, and the rule against

pyramiding set forth in 38 C.F.R. § 4.14 does not forbid

consideration of a higher rating based on a greater

limitation of motion due to pain on use, including use during

flare-ups. Id.

Edited October 19, 2007 by morgan (see edit history)

[danang_1969]

I was just informed a letter is in the mail to inform me that the VA is proposing to reduce my rating !!!!!!

*(&(*&(*^*&%*&^*@@$#@$!!!!!

Oh and now comes the endles BS while trying to resolve this and oh how quick will they respond to cut off the dependent benefits while still paying so there will be a NO PAY DUE issue right at Christmas!!!!

Oh the fun never stops!!!!!!

What did the VA state were their reason for the reduction in the rating?

[danang_1969]

What did the VA state were their reason for the reduction in the rating?

Well as usual my brain was out of gear and I did not read all the replies before I ask my question, which makes it evident that I am justified in my submitting an appeal in my recent rating decision. I am going to request increaing my 30% rating on PTSD to at least 70%. I just recently, on two different occasions, failed to put my automatic transmission car in park twice recently as I back into my park at home. Luckily my car was on level ground. For some reason it ran the battery down being in reverse though. Many other stupid moves.

And then to rub salt in my wounds when I read in my rating decision letter. I read that my PTSD C&P exam of a 49 GAF was not severe enough for more and that severe PTSD would include things such as forgetting to finish common everday tasks. Panic attacks of over one a week. I have been to the ER twice in 2 months almost breathless, one trip had a cost of $1700.00. I take Alpralasom to prevent the panic attacks daily and to attempt to stay chilled enough to keep my bottom number on my blood prssure under 100 and sometimes that don't work. I am prescribed 4 breathing treatment of DUO-Neb daily in my nebulizer. Hydrocodone for my arthritis also. Prevacid, Nexuim or Prilosec for for my ulcers.

If the VA had just used their own resouces and used VA's linked computer system or requested my medical treatment records on my recent treatment by my VA doctor they could have seen on the record 37 GAF. My rating decison also stated could rating could have been higher with a lower GAF number. The rating decision also stated my conditions did not prevent me from working. I am on oxygen 24/7 and have been since 2004. The VA had a letter from my family doctor writtne for SS purposes and it was listed as evidence, it that my poor physical condition prevented me from being able to work or attending school and my condition would only get worse.

In an effort to prevent this I requested form the VA in an iris in writing in which I printed out, that before they issues a rating to me, please get all my recent records on my treatment from the PTSD VA doctor before the rating assessment and was answered with this "rest assured we will use all your records before making a rating decision". Like you said the battle never ends. God Bless all and I'm sorry for this extra stress and work let alone the loss of income. Try and take it in stride and don't let it get you down and that's what I'm going to try and do.

Danang_1969

[jbasser]

Danang,if you leave an automatic transmission in reverse the back up lamp stays on and runs down the battery.

Scotty, find out what basis or examination was used to sugggest the proposed rating reduction. Not knowing what you are SC'd for makes it a little difficult tohelp. If you can get your hands on the exam , compare the findings to the schedule for rating disabilities.

If it is an error ( Most are) you may want to file an appeal asap, then file a writ of mandamus to stop them from taking any money away until a final determination can be reached.

Also, how long have you been service connected 100 percent? There are protections for Service connection, The 20 year rule comes into play.

If you can, let us know what the letter states and why they are considering the reduction.

John

[betrayed]

keep us updated as this applies to allot of us, I wemt through hell and am just know getting out of it, I know I would be in the poor house, in fact I would most likely end it all, maybe go out in a ball of fire If they took away my 100 SC P$T. Would definitely make the news!

[Berta]

You must NOD a proposed reduction immediately-

the VA told you why they are proposing to reduce-

you have to combat their rationale step by step.

They can really only reduce a benefit if there has been substantial medical improvement - and they need solid medical evidence to prove that.

They can propose to reduce also with a finding of some sort of fraud.

That doesnt not happen much.

I am sure you can take the reduction letter and go over it step by step and file a NOD on it right away.

I went through this with my husband and they dropped thei idea when they got the NOD I prepared.

You MUST send in the NOD right away.

Attach any evidence at all that shows they are wrong-ie: current treatment records etc- anything at all that overcomes the reasons they gave you for this.

[Scottyp65]

I want to thank all of you for your words of encouragement and ideas for maintaining that which is already mine.

Edited January 3, 2008 by Scottyp65 (see edit history)

[john999]

If they reduce your 100% they are supposed to consider you for IU.

[Scottyp65]

okay here it is in short order:

it was it changed it is again.

Edited January 3, 2008 by Scottyp65 (see edit history)

[Scottyp65]

Sorry for the long time between posts.

So it is done......................

Edited January 3, 2008 by Scottyp65 (see edit history)

[rentalguy1]

congrats on this small victory, Scotty. However, I have to ask...did the examiner use a goniometer to measure the range of motion? If she did not, you need to file a CUE asap, due to an inadequate examination. Then request another C&P for the knee, so you can get your other 20% back. It may not seem necessary right now, since you are still at the 100% mark, but as your other conditions worsen, and the ratings for those go up, this 20% that you are loosing now could make the difference i receiving additional SMC down the road. Good Luck!

[Berta]

Whew! good - did you see that in paper yet from the RO?

(my VAola paranoia is showing)

"Berta, or whom ever can answer, I had a surgery for a SCD where they removed two muscles from my neck. I don't see where even after I had told them of the surgery and claimed the scar too, that I was ever awarded anything, in particular for the removed muscles. Is there any rating for the removal of muscles, or is it in the analogous arena? I have read the disorders etc for muscle damage but didn't see one for removal?"

I didnt catch this question before- and dont know-

however if the scar fits into the scarring criteria- that should be rated-what was the muscle removal for?

[Scottyp65]

I will just let things cool off for now.

Edited January 3, 2008 by Scottyp65 (see edit history)

[even_flow]

Berta- The scar did not get any more than 0%, which is okay. I had the muscles removed as to provide relief from Thorasic Outlet Syndrome......... figure it helped in some ways. Have to be careful though because I can't feel the area around my neck on that side, and I foreget to button my shirts all the way at times:) Only a problem if I foreget to look in the mirror other wise it looks like I am trying to look like some young stud with the chest hair and all. Oh well that is that.

BUT I never really got a rating to deal with the muscles being removed and the subsequent neuralysis of the Brachial plexus.

I will just let things cool off for now and then make a claim at a latter date.

I've read on this, and other forums and veteran's resources, that filing new claims will cause the VA to look over your whole file and propose new exams. Is that what you're doing? Or is it because you need care at the DVA and have no choice but to see the DVA doctors? They said my conditions are permanent and that I'm not scheduled for future exams. Rest assured, I intend to let my file collect dust if I can. I just see my civilian doctors and pay the co-pays.

It seems that's what causes the DVA to do that. It sounds like you need the VA for medical care though: do the doctors who provide care at the DVA, not C and P exams, routinely report status to the rating officers?

I have a friend who receives treatment for a mental condition. The doctors tell him he is getting better even though he says he's not. (On that I couldn't say either way). But the consensus is (and I've read this) that DVA doctors sometimes feel like veterans are out to keep their ratings and some of the doctors resent it and will say a veteran is getting better regardless. To be fair I know a guy whos DVA psychiatrist fights for his client and it is THE RATER who proposes the reductions. Main point: If one receives care at the DVA it seems they will always be under scrutiny and subject to re-exams at the whim of the rater. Is that an accurate assesment? I realize people need the DVA medical care though. Luckily I have private insurance. I really don't like government run facilities and going to a doctor around the corner in a nice small office is so much more convenient.

[Berta]

This case is different from yours- the surgery was due to injury- but still based on what I read here- this muscular removal definitely should have had a rating-

removal is surgical 'injury' in a way-

http://www.va.gov/vetapp92/files2/9210516.txt

also scar ratings:

This recent BVA case includes the way they measure scarring and rate and code them:

http://www.va.gov/vetapp07/files2/0716434.txt

I hear you on putting it off-

The VA eventually has to rate my dead husband's heart disease that they malpracticed on.

Even though the malpractice was admitted to in the DIC award I got- they failed to even mention his fatal heart disease or any rating whatsoever for it- I filed a CUE on that.

I should sit down and figure it all out- plenty of evidence for 6 years of VA med care that showed untreated heart attack and significant heart disease but they never told the vet or me-

Still-if the VA fails to rate something or gives the wrong diagnostic code it can hinder proper comp as well as- if it contributes to the veteran;s death years down the road-the spouse will havea heck of a time getting them to rate it correctly then.

Edited December 18, 2007 by Berta (see edit history)

[Bound4heaven]

Greetings,

That is great news. I did have one question for you. Do you see your VA Primiary Care Physician at least once a year? Thank you, God bless and Merry Christmas.

Bound4Heaven

[Pete53]

Scotty:

Congrats the main thing is no break in benefits and it really does not matter so much how they figure 100% as long as it is 100%.

Good Luck to you and have a great Holiday Season.