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.

[jbasser]

This letter is just like a rting decision. You need to file a NOD. Then fle a form 9 to appeal. You may also have to get an attorney once it goes to the BVA and the attorney can advise you on the proper procedures you can take to keeep them from taking your comp until after the case has been decided.

If your disabilities prevent you from working, Immediatly file for IU. They should also look at that but they always done. Stay one step ahead of these folks.

[john999]

Based on a single exam the VA is not supposed to be able to reduce you from a 100% rating. You need to send in a NOD within 30 days to stop them from reducing you. Others will chime in on this. The VBM explains that the VA has to make a complete assessment of your conditon and history to reduce you. I don't know the exact regulations but they are there for this situation. How old are you? They are not even supposed to re-examine you if you are over 55. Were you P&T?

[spike]

If you have been instructed to go to QTI please contact me asap.....I need to get you to ABC News Bob Woodruff's Show. I can get you in contact with the right people. This is common from QTI to create difficulty with Veterans. Did you know the current VA Secretary worked for QTI and was created by a former VA Secretary? Get a hold of me as soon as you can PLEASE. Go ahead and check my posts or what have you to realize that I am legit.

[Pete53]

Is it QTI or QTC?

If QTI is behind this it is illegal as hell. Please do not miss any deadlines. John is right and I think that you should ask why the VARO wants this review.

Best of Luck

[spike]

QTI/QTC i miss typed.

[Berta]

John is right-you need to act fast- the VA cannot reduce compensation unless certain guidelines are met-

The VA also "bears the burden of proof in establishing by a preponderance of the evidence that a reduction is warranted under the revelant regulations."

VBM 2007 editionpage 384-385

NVLSP cites here Hayes, 9 Vet app at 73, Kitchens V. Brown. 7 Vet App 320,325, Brown V. Brown 5 Vet App 413,421

Any disability that has "stabilized" and has been in effect for 5 years or more cannot be reduced unless there is medical evidence of "sustained " improvement.

38 CFR 3.344

Do I understand your post correctly-

they propose to reduce the "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 "

Have you gotten consistent treatment records and medication for the depression as well as the back disability that caused the depression?

Has your back condition gotten worse?

you could ask for higher rating on the back perhaps, at same time you prove that your depression has remained the same (or even gotten worse)

If I were you I would check the rating for your back and see if you have medical evidence since that rating that shows that should be a higher rating.

"he noted I occasional difficulty have problems performing daily living and this is not true."

If that were true- would it not show that your SC disabilities are interfering with daily living -therefore -

why would they propose to reduce?

You say 100% -is this extraschedular?

Have you formally appied for TDIU or is this a TDIU award?