ptsd They Reduced Me Anyways!

[souldeliverer]

After my hard work in compiling evidence, the VA reduced my PTSD from 100% to 70%. If that wasn't enough, they also proposed to reduce my migraines from 30% to 10%!!! What is really going on at my RO? What should I do from here on out? Could this be age discrimination? Have I unwittingly made an enemy within the RO?

I am faxing and mailing my TDIU form tomorrow, and submitting a hearing request for the migraine reduction. Also, they are leaving my back comp at 10%, which I believe should be at least 30% for all the dang narcotics they have me on.

Can I submit an NOD for the PTSD reduction while simultaneously filing for TDIU???

Please look up my other posts for background info, or I can look them up if need be. I really need help with this one. I am getting jacked.

Please see: Had My Hearing For Ptsd Proposal To Reduce

Thank you all.

Edited June 13, 2008 by souldeliverer

[free_spirit_etc]

How sucky!!!!!!!!!!!!!!!!

I am thinking they have to meet a higher standard of proof to reduce your rating than they do to not give it to you in the first place.

I would think you could file an NOD while your TDIU is pending. They seem to like to have vets with all different things going on at all different stages - hoping they will lose track of the appeal dates and have to start over.

Did you already have an "inferred" claim for TDIU going on? (i.e. there was already evidence in the file that you weren't working?

You MIGHT want to indicate that the FORM is PERFECTING your TDIU claim - and that much of the evidence is already of record.

I don't even know if they can reduce the benefits while you are appealing - so I am no help there. But someone WILL come along who WILL be able to help!

DON'T GIVE UP!!

Free

After my hard work in compiling evidence, the VA reduced my PTSD from 100% to 70%. If that wasn't enough, they also proposed to reduce my migraines from 30% to 10%!!! What is really going on at my RO? What should I do from here on out? Could this be age discrimination? Have I unwittingly made an enemy within the RO?

I am faxing and mailing my TDIU form tomorrow, and submitting a hearing request for the migraine reduction. Also, they are leaving my back comp at 10%, which I believe should be at least 30% for all the dang narcotics they have me on.

Can I submit an NOD for the PTSD reduction while simultaneously filing for TDIU???

Please look up my other posts for background info, or I can look them up if need be. I really need help with this one. I am getting jacked.

Thank you all.

[Rockhound]

I'll ask a couple of questions: and then gives some advise. I hope someone else with more knowledge will respond as well.

(1) Did they notify you of the proposed reduction of your PTSD, giving you 60 days to submit additional evidence in support of your 100% SC?

(2) What was their reason and basis for the reduction of your 100% to 70%?

In order to reduce your award, the burden of proof for the reduction is on the government. They must back their reason and basis with evidence, not just on the opinion of a C&P exam, since symptoms can increase and decrease in cycles, so it is imparitive that the Adjudicator show that this reduction in symptoms is not temporary in nature.

Besides appealing the PTSD, appeal the back problem as well, try to document that the severity of your back problem with pain is more than 10%. showing that the medications and there strength would not be given except for a person who met the higher rating.

If the VA reduces your PTSD which was at 100% to 70% They must automaticaly determine if TDIU is warrented. For them not to is tantamount to error. However, I would not leave it up to them, I would submit a TDIU claim with your appeal. If they hold to the reduction, then your TDIU claim will be already in motion.

What ever you do, follow through with your appeals from the VARO to the BVA, and to the Court is necessary.

RR <_<

[souldeliverer]

I think there was an inferred TDIU tagged on there somehow. My papers say I was denied TDIU because I didn't turn in the form. I didn't send it in because I thought there would be NO WAY they could possibly reduce me, given the evidence provided. This is why I think there is something nasty going on here with the VA. I am guessing they are getting ready to change some laws that will grandfather in those who are at 100%, and those who are TDIU will get the shaft somehow. I am getting paranoid...I would be crazy not to.

How sucky!!!!!!!!!!!!!!!!

I am thinking they have to meet a higher standard of proof to reduce your rating than they do to not give it to you in the first place.

I would think you could file an NOD while your TDIU is pending. They seem to like to have vets with all different things going on at all different stages - hoping they will lose track of the appeal dates and have to start over.

Did you already have an "inferred" claim for TDIU going on? (i.e. there was already evidence in the file that you weren't working?

You MIGHT want to indicate that the FORM is PERFECTING your TDIU claim - and that much of the evidence is already of record.

I don't even know if they can reduce the benefits while you are appealing - so I am no help there. But someone WILL come along who WILL be able to help!

DON'T GIVE UP!!

Free

[souldeliverer]

Thank you for your response.

1.) I was notified and given 60 days. I went to a hearing on May1st and presented a VERY strong case.

2.) You can read my rebuttal by looking up "Had My Hearing For Ptsd Proposal To Reduce"

In the reasons given for the reduction, the main ones were the C&P examiner stated he didn't find me unemployable, which I argued was clearly an error. Also, my social worker put in a note after a telephone conversation with me last week that I had gone fishing and had a good time. How the hell this got slipped into the decision I revieved today is beyond me. It is almost as if they were waiting for something to use against me before they made their decision.

I'll ask a couple of questions: and then gives some advise. I hope someone else with more knowledge will respond as well.

(1) Did they notify you of the proposed reduction of your PTSD, giving you 60 days to submit additional evidence in support of your 100% SC?

(2) What was their reason and basis for the reduction of your 100% to 70%?

In order to reduce your award, the burden of proof for the reduction is on the government. They must back their reason and basis with evidence, not just on the opinion of a C&P exam, since symptoms can increase and decrease in cycles, so it is imparitive that the Adjudicator show that this reduction in symptoms is not temporary in nature.

Besides appealing the PTSD, appeal the back problem as well, try to document that the severity of your back problem with pain is more than 10%. showing that the medications and there strength would not be given except for a person who met the higher rating.

If the VA reduces your PTSD which was at 100% to 70% They must automaticaly determine if TDIU is warrented. For them not to is tantamount to error. However, I would not leave it up to them, I would submit a TDIU claim with your appeal. If they hold to the reduction, then your TDIU claim will be already in motion.

What ever you do, follow through with your appeals from the VARO to the BVA, and to the Court is necessary.

RR <_<

[free_spirit_etc]

I read the rebuttal. I agree with everyone - very powerfully written.

So is the C&P examiner willing to give you a job?

Are you not allowed to have a nice time? Or not allowed to go fishing?

Tell them, of course I had a nice time fishing. I enjoy maiming all God's little creatures, but they arrest me when I do that to cats!

Free

Thank you for your response.

1.) I was notified and given 60 days. I went to a hearing on May1st and presented a VERY strong case.

2.) You can read my rebuttal by looking up "Had My Hearing For Ptsd Proposal To Reduce"

In the reasons given for the reduction, the main ones were the C&P examiner stated he didn't find me unemployable, which I argued was clearly an error. Also, my social worker put in a note after a telephone conversation with me last week that I had gone fishing and had a good time. How the hell this got slipped into the decision I revieved today is beyond me. It is almost as if they were waiting for something to use against me before they made their decision.

[free_spirit_etc]

Oh...by the way... I want to thank you for your service to our country.

The VA WILL thank you also - but it takes time. But when you die and they get to close your file, they send your widow a nice little certificate telling her they appreciated your service to our country.

Just figured you might want to hear it while you are still alive.

Free