tdiu New Guy Wth Big Problem.

[kymike]

Hello everyone, my name is Mike. I'm a veteran of the first Gulf War. I been coming to this forum for about six months but until now I've never posted anything.

My computer and writing skills are a little rusty and been hesitent to speak up. But these are desperate times for me, so I'm forced to overcome my social anxiety and awkwardness.

I'm pleased to find this forum and all you great vets. Just being amongst you all and knowing somebody out there cares has made a big difference in my attitude.

I'll get to the chase. I'm sure on of you guys can point me in the right direction. I've a history of lower back and SI joint problems going back to GW1 in 1991.

I had a Lumbar fusion L2-S1 on 3/3/10 at VAMC Louisville for my " service connected" degenerative disk disease and HNP. VARO payed my temporary UI.

Everything seemed fine. Before surgury, on 12/30/2009 I filled for an increase for my DDD which was at 40%, and for unemployability,bi-lateral radiculapathy, stenosis,

... basicly residules from my service connected surguries. On 12/21/10 I get a letter from RO saying that they are denying all my secondary claims, unemployability,

and a proposing to reduce my SC from back to 10% because the rater made a mistake when he increase me from 10% back pain/ SI joint pain and recharacterized it as

DDD w/ HNP in june of 2005 without asking for a medical opinion from the C&P doc.

I'm angry, depressed, in severe pain, on Morphine and can't tie my own shoes. So they want to pull this crap now.

I need you guys help sorting this out. I'm hoping that you moderators out there can help me ask the right questions in the appropriate forum.

Thanks in advance. I hope somebody else can't sleep and can clue in on the first steps I need to take to staighten out this mess.

[Notorious Kelly]

Mike,

I'm sorry to hear of your suffering and frustrations from The System.

Knowledgeable people will respond to you shortly.

Hang in there!

[Bonzai]

I would consult a lawyer immediately, because the clock is ticking. Consultations are free. You only have a limited amount of time to respond to their letter or they will decrease you automatically - with the assumption that you agree to their BS.

Just my opinion...

[carlie]

Welcome to Hadit.com

I am moving your topic to the Claims / Benefits Research Forum

in hopes more eyes will read it and if so inclined, post their reply.

[Berta]

"a proposing to reduce my SC from back to 10% because the rater made a mistake when he increase me from 10% back pain/ SI joint pain and recharacterized it as

DDD w/ HNP in june of 2005 without asking for a medical opinion from the C&P doc."

What is the exact documented medical diagnosis of your back disability?

Since their rationale is based on no C & P opinion in 2005-what is their rationale for proposing reduction now- as I assume they have not ordered a C & P for the reduction. ???

Have they?

Can you scan and attach the decision here so we can see their exact way of wording this BS? (Cover the [personal stuff)

Do you get SSDI? If so what for?

Edited June 22, 2011 by Berta

[broncovet]

Ok. Here is what is going on. You, of course, want to fight the proposed reduction, and you need to act quickly. You need to ask for a hearing on the proposed reduction..you are entitled to one. This is the first thing you need to do...exercise your right to a hearing on the Proposed reduction.

This will at least continue your benefits, until they can schedule a hearing, and will "buy you some time" to plan your strategy on this proposed reduction, and, of course, appeal your denial of the increase, probably at the same time.

There are very specific rules the VA must follow to do a reduction, and the first one is that they have to give you 60 days notice, and a right to a hearing. Ask for the hearing....and then you need to get someone competent and qualified probably to represent you at the hearing...not necessarily an attorney, but possibly a competent VSO, or, depending on where you live, it may even be possible for someone here to represent you at the hearing. If you live near me, I would, for example do my best as I have read up on reductions. I am not a VSO, tho. And, of course, I would never charge a Vet.

[broncovet]

If you dont at least dispute the proposed reduction, they can (an probably will) reduce your benefits in 60 days. The hearing is a no brainer. If it takes them a year to get you a hearing, then even if the hearing goes terribly wrong, your benefits continued for that year.