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100% P&t Is Now Not Going Away!

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Scottyp65

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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 by Scottyp65
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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

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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 by morgan
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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?

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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

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