Why Can' T The Va Follow The Rules

[Jim MAC]

Ok

I was rated at 100 percent backdated from Jan 08 thru Feb 1st 09 No problem with that. Here is where I get mad in my Statement of case it said I would be 100 percent intil Feb 1st 09 ok no problem there. Then what do you ask is the problem? In my statement of case it said that i was to be rexamined after 6 months guess what no exmation. This is the same VA office that left me at 0 percent for my skin cancer for 4 years saying I was cured. Now 5 operations latter I am rated at 30 percent for disfigurment but we all know 80 plus 30 does not = 90 in VA math. but 50 plus 30 plus 30 plus 10 plus 10 plus 10 plus 10 = 80 No wonder I can not help my 5 year old with her math homework from kindergarden

My question and I know that I am rambling is can they cut my disabilty without a follow up to make sure I am cured? I mean there own regs say a mandatory follow up at the VA

Thanks all

Jim

PS I found out I was back to 80 percent by calling the 1800 you are screwd if you think we will give you the truth number

Edited February 3, 2009 by Jim MAC

[john999]

What about TDIU? Are you unemployable?

[Chuck75]

When they assigned the 100% rating, was there any language saying that it was temporary? It would seem that the VA "should" have given notice before the reduction. If not, it's likely an illegal reduction. If the original award showed that it would change to 80% on a specific date, unless a further examination showed that it should not, you may have a problem.

Ok

I was rated at 100 percent backdated from Jan 08 thru Feb 1st 09 No problem with that. Here is where I get mad in my Statement of case it said I would be 100 percent intil Feb 1st 09 ok no problem there. Then what do you ask is the problem? In my statement of case it said that i was to be rexamined after 6 months guess what no exmation. This is the same VA office that left me at 0 percent for my skin cancer for 4 years saying I was cured. Now 5 operations latter I am rated at 30 percent for disfigurment but we all know 80 plus 30 does not = 90 in VA math. but 50 plus 30 plus 30 plus 10 plus 10 plus 10 plus 10 = 80 No wonder I can not help my 5 year old with her math homework from kindergarden

My question and I know that I am rambling is can they cut my disabilty without a follow up to make sure I am cured? I mean there own regs say a mandatory follow up at the VA

Thanks all

Jim

PS I found out I was back to 80 percent by calling the 1800 you are screwd if you think we will give you the truth number

[Meddac]

In the VA's weird way they seem to have "Due Processed" you in the Statement of the Case. By law they do not have to "Due Process" you again when they decrease you. They said it was temporary, and they carried through with that. The calculator is a mystery. I sat on the phone with a veteran today who wanted to know why his 60% plu 10% only equaled 60%. My best explanation for him was that "I don't know how they do that". I have seen the formula (as long as my arm), and it still makes no sense.

[Jim MAC]

Guys

I really did not mind the reduction if I am cancer free thats the way its supposed to be. I just want them to follow there own rules. Give me a appt give me another biopsey let me know I have no cancer let me have piece of mind. John I am still working I do not know how much longer I can due it vecause of my SC back and neck I want to work at least 2 more years and be debt free.

Jim

[Berta]

"I found out I was back to 80 percent by calling the 1800"

they could be reading the screen wrong- in any event there has to be significant medical improvement in regards to any proposed reduction rating.

"This is the same VA office that left me at 0 percent for my skin cancer for 4 years saying I was cured. Now 5 operations latter I am rated at 30 percent for disfigurment"

GEEZ- that does not sound right at all-

Did you appeal their last decision regarding the "0" %?

I bet this happens more than we know. A vet gets a rating and then the disability progresses with time but only when they re-open their claim can that generate a better rating.

VA also can give Staged ratings to show a progression of disabling factors.

I dont see many staged rating awards.

This recent BVA decision shows how they work.It looks as though the veteran himself asked for the staged ratings.

http://www.va.gov/vetapp08/files4/0827689.txt

[Boats]

Jim,

Our RO likes to play doctor, they relly need to shut it down and start over. Think there are a few there that should not be. Plus they need to move it closer to where the most of us vets are, say Richmond.

Sorry to hear they reduced still at it mys self claim that I submitted last Jan still waiting on, they have sent me tha same VCAA notice twice to delay the claim that was for the same condition.