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winger

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Hi folks,

this is mt first post please bare with me.

I Was awarded PT&IU on 4/18/02 after I applied for an increase on a bilateral shoulder condition , which I was medically discharged from USMC on2/76 TDRL first then VA picked it up an gave me 50% and have held that since 30yrs+.

The increase I applied for in 2002came back rated 60/40 PT/IU I Have also held that since that date. Well back in 4/08 I received a letter reducing my rate back to 60% because of 2140 employment questionnaire they said they did not receive. I did mail it like I always do but, I Guess it didn't reach them. Immediately hand carried a new one the day after I got their letter

and got a stamped and received copy of the 2140. Now this was all supposed to go away as soon as the paperwork caught up. The told me at the Varo This should not be a problem and I asked for a letter of proof of 100% for my life insurance so they would continue paying my premiums. They gave it to me with no problems. I know this is wordy but please read on.

The problem started when the exam scheduled for me because of questionnaire was still on. It should have been stopped along with the other proceedings. When I called the VARO I Asked why it was still on and the rep said because the 2140 was not in , again I told him it was and have a stamped copy. I Asked him again and was told the exam would continue because someone on the rating team wanted it to and no reason was given. So I went to DAV and let them represent me. I also went to C&P which was for IU. By the way the day after my phone call to VARO about exam I received a letter that said periodically the VA reviews claims to verify the cond. and to see if its properly rated. I am rated for bilateral shoulder Postoperative status code 5202 Left at 30% ,right at 20% since 2/16 /76 . when I applied for an increase in 02 because my cond. had worsened-and it came back ; service connection for DJD rt shoulder 10% and SC for DJD left shoulder at 10%

They added the 10 and 10% for 10% which brought me to 60% and awarded me 40% IU P&T. I never applied for IU It Was give to me without the 8940 application for IU. I believe this is an inferred claim? Well after my C&P was done I got a call from the RO asking me to fill out the IU application because it was not done in 02 and they needed it for their records this didn't sound right so I asked what if I don't turn it in, He said it would go bad for me. then I asked him are you folks trying to take my IU away? The rep said No not at all we just need it for an up date This conversation is almost word for word, I also have his Name and what office he works in. So I receive the VA proposed reduction in rating for me. and under the evidence section there was my IU application form that was supposed to be for the 2002 records. also the c&pwhich was done poorly and by a GP doc. I logged a complaint with the pat adv. at Hosp. What the Va is saying is that because they added the djd to my postoperative status it is pyramiding therefore it is considered a CU&E based on the 2002 records. I have held my 100% for over6 yrs. I am currently waiting for a date for the predetermination hearing at my VARO. The DAV submitted my disagreement letter on 7/20/08. The bottom line is my cond. has worsened to the point of only surgery to correct the problems . This was recommended by the VA orthro DEP and My Private MD. Two years ago I went to the VA for a orthro check up on shoulders at that meeting They said it could only be fixed by surgery and exercise but only come back if you want surgery. I have this report which the VA missed when the reviewed me for this reduction. Ok Sorry it was so long thanks for reading. I'm looking for advice, resources, any input would be most appreciated

Thanks WINGER 72

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Hi Berta

Yes I have returned all records and responded to all deadlines. I am waiting for a date for my predetermination hearing that is supposed to be at my local VARO. I will attend along with my POA DAV, and have also requested an inquiry from my congressman's office . I know this might slow things down a but I can use this time to better prepare. I have a question though , In all the paperwork I have received mt rating has never been referred to as TDIU. I have received letters from my VARO stating my status was P&T/IU have received the chapter 35 benefits and health care for my wife. the rating was split 60% /40% but never called TDIU. Is this just another way of identifying my status?

Thanks Winger

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  • HadIt.com Elder

You have to be Permanent&Total with no future exams scheduled to get the Chapter 35 and other benefits like ChampVA for wife and children under 18.

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Hi folks,

a CUE was found when a ro re-examined my file after a 21-4140 form was presumed missing.

I have put most of my info about my case on this board. after reading one of the postings here, this one was by T-Bird about the 5 year stability of a condition and the way I understood it was (If my cond. has remained stable or worsened reduction in the currently held rating could not be reduced) Does that sound right? I have held a 50% rating for 30 yrs and the last 6 of them were at the 60/40 pt/iu status. Can I apply this ruling to my case? Any help or direction would be appreciated. I read a lot of bva cases and many listed on google. My predetermination hearing should be coming up soon and I'm getting anxious.

Thanks Winger72

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  • HadIt.com Elder

If you have had a 50% rating for 30 years the VA can't reduce except for fraud. The 5 year rule for not reducing a 100% or stable rating is not in stone. The VA can't sever service connection after 10 years. If you are over 55 then they are not supposed to reduce you. The VA cannot call a CUE and then sever or reduce you after 30 years. If they could do that then we would all be in trouble. However, the VA will try just about anything if they think they can get it by you. I want to throw my shoes (10.5 size) at the VA Secretary if I see him.

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Thanks John,

The Cue was the VAs determination that they added 10% for each shoulder due to DJD which brought me to 60% and then awarded me 40% IU without me requesting it. I believe it my rating was inffered.

after 6 yrs of pt/iu the found a cue citing pyramiding of similar cond. of ROM. There are exceptions I'm not sure if I fit but their reccomendation is to bring me back to 50% based on the fact I dont meet the criteria for IU at 50%. My cond. has worsened the only thing different is the way I'm being rated. This is madening, this all started because they say they never recieved my 21-4140. I guess I'm just venting a little. thanks for the reply

Winger

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  • HadIt.com Elder

OH, trust me, they received your original 21-4140. But, a little weeny/twit noticed that there was possible pyramiding ON THEIR part and decided that the best way for them to get their yearly bonus was for you to have "failed" to turn in your 21-4140....thereby allowing THEM to open up this stinkin' can of worms.

THEY LIE. If you gave EVERY DAMNED one of the VA employees a lie detector test, THEY'D ALL FLUNK(Y) it.

They are a nest of lying vipers, just waiting for their next victim.

And, most Service Organizations are the same way.

I can go down to my Service Organization to meet with a rep and, lo and behold, their office is in the same, nice, new building as the VARO. Nice, marked off parking out front for the DAV, VVA, AL, TVC, etc., all marked-off and nice and close to the entryway to the VARO. NOW THE VETS! THE VETS get to park out in left field and schlepp by the fancy-dancy up front parking provided the SO's by the VARO.

Who is peeing in whose pocket?

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