Dealing With A Letter To Propose To Reduce - Lflint33

[Lflint33]

Hello everyone I need to find out the best way to deal with a letter to reduce my rating from 100 % to 90 % . I was 70 % for Depressive disorder secondary to chronic low back pain and now they want to drop it to 50 % . My back hurt me all the time it has not got better and my Dr at the Va has my gaf a 50 since 2004 and I go to Q T C and he give me a 51 gaf and said I was not cooperative and he noted I occasional difficulty have problems performing daily living and this is not true.

[Berta]

"went to release of info and requested the official check in and check out time for this phony set up Exam. I was in and out of the Exam room in five minutes."

Good for you- keep that documentation-and bring it to the hearing-

The X Rays- did they reveal proof of your claim?

Do you have copy of the VA's narrative of these X rays?

(Then again -I proved to the OGC that X rays of my husband's as well as his initial MRI were totally medically misinterpreted by VA doctors.)

I suggest that you try to get an Independent Medical Opinion.

The VA would have to show sustained improvement in order to reduce your comp-

a real doctor could combat that with a good IMO.

Why did the Nova attorneys turn you down?

Was it because you NOD was filed prior to June 21, 2007?

NOVA reps before CAVC- the NOVA member I got to handle my CUEs comes under the new Attorney for vet regs-

Is that why they turned you down?

Men and women -I protested these new regs to Bradley Mayes-VACO-because all claimants who have been in the system for years are screwed by them-

THOUSANDS of us cannot hire an attorney under the new regs due to the NOD limit.

I dont understand why lawyers didnt protest this- they could get rich on handling claims -in the system for years-

that might never produce retro without their help.

[Berta]

I suggest you prepare the NOD- and state in it exactly what regulations they broke-

(I scanned right into my CUE NOD -the actual regs from M21-1 etc)

and then contact this lawyer:

http://www.veteransdisabilitylawyersite.com/

Karl Kazmierczak

If you leave your phone number in the email you can send him via his site- he will probably call you very soon-

I just sent him the stuff on my CUE claims-

The Lawyer for vets regs mean any veteran whose NOD was filed AFTER June 21, 2007, can obtain a lawyer to handle their VA claim.

Of course it has to be a Lawyer who knows VA 101 and has taken and passed the VA accreditation test.

(the test I want them to give to every vet rep but they wont)

NOVA lawyers are mainly at the CAVC level-

Those of us with claims with NODS filed prior to June 21, 2007 (I had both types of these claims)

can only obtain a third party hire lawyer-

I dont know how that works but vets have done this.

Last night my daughter-who insisted I re-open my claim in 2003- said she would gladly hire an attorney for me-on my AO death claim-

I think that is what Third party hire means-

and this is one more way vets and widow can get a lawyer.

The only problem I am having with my AO claim is that my medical evidence is overwhelming-and unrebutted, they have a BVA decision that tells them how much they have to pay me if it succeeds-(I just found that and sent it to them)but that decision doesnt cover all retro just an offset, and -my former vet reps screwed up big time,and made sure the VA did not see my IMOs,and they all have their thumbs stuck up their butts at my RO-it seems they are petrified to render proper decisions.

I really dont think I need an attorney for that claim but

if my daughter can hire one thats OK too-

Karl told me the ROs handle claims with an attorney on the POA differently than other claims.

I said sure I bet they do- it has to be handled by a VA employee who knows how to read.

Also anyone with income limit (to include all SSA, VA etc) under $20,400 can get help from Project Salute-

since these are Pro Bono lawyers going from state to state in a Mobile law office they are NOT restricted by the June 21, 2007 NOD stuff.

The lawyers out there-in my opinion- are becoming the unsung heroes of the VA claims process-

and could eventually be the undoing of the broken systen as it stands now-

even our vet org reps are forced to become better at handling claims-

if too many of us get lawyers -they wont have their jobs.

[Berta]

rethinking this---- you had a CUE and it was denied-by the RO?

Did you appeal the denial?

I dont see how the VA would use a CUE against you in a proposed reduction-

what specific reason and complete medical rationale did the VA give for the proposed reduction?

[yoggie2]

Dude, there is strange things going on at the VA these day, not that a gaf means all that much (no offense ) if thing are as bad as you say, you make every apt! I just completed a C&P with PTSD and was diagnosed with depression and anxiety that he attributed to my back and leg pain already connected 40% alone and a GAF of 40 and was DENIED straight out, that's in my belief in his guilt of saying my direct combat had no effect at all. and went on to say in a paragraph to say something down the lines of, ""wellllllllll, if I had to say if I was on fire maybeeeeee aaaa he's a 63 GAF but I'm pretty sure he's a 40 GAF this was 1-12-08. what the Hell does that mean!! Stay in the fight, I really believe it's harder to take away than to give. Right now nothing would surprise me... Guck to you my friend....Rich

[Tbird]

this post was originally posted by Lflint33 it was then hijacked by another member who has been banned for attacking other members. Lflint33 i'm sorry about this it happens from time to time. i've put all posts dealing with your question back and removed the banned poster comments.