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Reduction Of Evaluation

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Dwain

Question

I am a recent recipient of a 100% compensation for AO. I just got my initial check in Jan and have received 2 monthly checks. I just got a letter from my VSO stating that the rating board is going to reduce me to 0% and that I should not call him until I get the "official" letter from the rating decision board. Although, I am getting mixed messages when the next day the VA sends me a letter, like I got initially last year after I filed my claim that states they are working on my claim?? The information about Title 38 that I have gotten off of the website states that they will only pay me for my Non-Hodgkins Lymphoma during treatment and/or hospitalization and then after 6 months following they can cut me off if the mandatory physical (by the VA)shows that I am having no issues with it anymore. I just need some confirmation that what I have found is correct. The VA also sent me a letter asking if I had any more evidence to support my claim. I have had some physical issues I have had to deal with because of the treatments for the cancer. Didn't know if that would count, though!

Appreciate some input!!

Thanks!!

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  • HadIt.com Elder

I guess you will need to wait for the letter. You can appeal and they have to continue to pay. This is unusual please keep coming here.

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Guest fla_viking

Dear Veteran

If you have any informaton as to the reason and basis from the VA as to why they will cut you. I would file a NOD immeaditly. The SO and VA dont want you to take any action until they made there decision so they can cut your benifits first and have you appeal while you slowly starve to death. However if you were to file a appeal. The court may have to decide the issue on appeal before the VA is allowed to continue on with cutting your benifits.

Terry Higgins

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"I have had some physical issues I have had to deal with because of the treatments for the cancer. Didn't know if that would count, though!"

Absolutely-anything that either the treatment of or as a direct result of the NHL is compensatable.

NHL Agent Orange regs are different from oth AO disabilities- however they also have a better EED- earlier effective date than the other AO disabilities.

In the Notice of Disagreement (you will know more when the letter comes)tell VA of any other disabilities you have due to the NHL, any other potential AO conditions,and any side affects of the meds and treatmet for the AO NHL that adversely affect you.

NHL - men and women does not depend on actual visitation to Vietnam- the one foot on land stuff-

also the EED is more favorable.

Veteran- did the VA ever deny a previous claim from you for the NHL before they finally granted it?

Did they ever list it as NSC on any old decision?

If the VA denied NHL in a past decision -even if it was an "NSC" disabiliy at that time-did they give you proper retro in the newer grant of SC?

NHL AO regs are within 38 CFR 3.307 AD 3.309

Diagnostic code is 7715

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