Reduced Benefits

[*Bergie*]

Ok,

My neighbor who is a retired Senior Chief and Viet Nam Vet requested an increase of his SC right knee and non-service connected left knee. After his C&P exam he just received a letter telling him the VA feels his right knee is better and as a result is going to reduce his Comp from 60% down to 30%. We just turned in a 4138 requesting a hearing and scheduled an appt with his civilian ortho doc to provide documented evidence that his right knee has infact gotten worse. The C&P doctor had him straighten his leg 2-3 times and called it "repetitive movement". This is a joke and not reptitive, this is a man who cannot climb stairs without difficulty, who cannot walk more than 100meters without a cane or rest. So can anyone offer additional advice as I will be accompanying him to his hearing.

Thank you,

Bergie

[broncovet]

Vync:

IMHO there is a big difference between someone who is cured and no longer needs medications, and someone who controls his symptoms with meds.

If you have chronic pain, for example, which is helped by medications, you still have chronic pain and your condition has not improved.

As another example, if a new "super prozac" comes out, which does a much better job releiving depression symptoms, and the VA tried to reduce, I would hire a lawyer and ask him to argue that my condition did not show material improvement, instead the treatment showed material improvement. Remember, with any medication there is always a "downside risk" in taking the med. For example, we dont know what the long term prognosis is, will we become dependent on it, will it stop working, can it build up in the liver, cause weight gain, etc. etc.

[*Bergie*]

Vync:

IMHO there is a big difference between someone who is cured and no longer needs medications, and someone who controls his symptoms with meds.

If you have chronic pain, for example, which is helped by medications, you still have chronic pain and your condition has not improved.

As another example, if a new "super prozac" comes out, which does a much better job releiving depression symptoms, and the VA tried to reduce, I would hire a lawyer and ask him to argue that my condition did not show material improvement, instead the treatment showed material improvement. Remember, with any medication there is always a "downside risk" in taking the med. For example, we dont know what the long term prognosis is, will we become dependent on it, will it stop working, can it build up in the liver, cause weight gain, etc. etc.

I totally agree with Bronco, medication does not cure a "chronic" condition at best it makes the symptoms stable and tolerable for the patient. However, if the med is discontinued then what? I would not worry about it if I were you.

JMHO,

Bergie

[deltaj]

Ok,

My neighbor who is a retired Senior Chief and Viet Nam Vet requested an increase of his SC right knee and non-service connected left knee. After his C&P exam he just received a letter telling him the VA feels his right knee is better and as a result is going to reduce his Comp from 60% down to 30%. We just turned in a 4138 requesting a hearing and scheduled an appt with his civilian ortho doc to provide documented evidence that his right knee has infact gotten worse. The C&P doctor had him straighten his leg 2-3 times and called it "repetitive movement". This is a joke and not reptitive, this is a man who cannot climb stairs without difficulty, who cannot walk more than 100meters without a cane or rest. So can anyone offer additional advice as I will be accompanying him to his hearing.

Thank you,

Bergie

My first piece of advice is to read 38 CFR 3.343 and 38 CFR 3.344. Next I suggest you get familiar with the phrase void ab initio. Try a search under void ab initio and veteran to learn more about a reduction that is void ab initio. Also search the U.S. Court of Veterans appeals under 3.343 and then do a separate search of the same website under 38 CFR 3.344. You could also try a search online under reduction AND decision AND veteran and read some BVA and COVA cases about wrongful reduction of rating.

[deltaj]

My first piece of advice is to read 38 CFR 3.343 and 38 CFR 3.344. Next I suggest you get familiar with the phrase void ab initio. Try a search under void ab initio and veteran to learn more about a reduction that is void ab initio. Also search the U.S. Court of Veterans appeals under 3.343 and then do a separate search of the same website under 38 CFR 3.344. You could also try a search online under reduction AND decision AND veteran and read some BVA and COVA cases about wrongful reduction of rating. Also if this man wears a knee brace for a service-connected compensation he needs to file a claim for V.A. clothing allowance. I would also suggest you submit any IMO (independent medical opinion) exams using the phrase new and material evidence in support of my pending claim. I make this suggestion because of the wording of 38 CFR 3.400 (q).