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Va Reduction In Compensation For Als

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fifty5coop

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My brother is rated 100% disability through the VA and is receiving compensation for his service-connected ALS. His diagnosis was done by a neuro at Henry Ford hospital and concurred with by the Detroit, Michigan VA. April of this year he moved from Michigan to Tucson, AZ to be nearer to me. We got him enrolled at the Tucson VA and he is now receiving all his care with them. He had to be re-evaluated at the VA here in Tucson and just received his re-evaluation letter from the VA which states that there was an "error" in his original eval and they are reducing his monthly compensation by over $300. Something to do with the loss of use of his left arm which they claim he doesn't have now. They are taking away any vehicle adaptation $ also. The Michigan PVA rep said that reductions never happen so we are very surprised at this turn of events here in Arizona. I am contacting his PVA rep Tuesday to find out how to appeal. Has anyone here on this forum ever had a "reduction" in their VA compensation? I hope this is not a pre-cursor of bad things to come with the VA...so far, we've been very satisfied with their care. We hope we didn't make a mistake by switching his medical care completely over to the VA? <BR clear=all>

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  • HadIt.com Elder

Welcome to Hadit. Rather than guess you need to find out exactly what happened. I suspect he lost a S rating.

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Thanks for the replies...he served during the Vietnam War in the 60's. I assume you mean by "service connected" is when was he determined 100% disabled due to ALS? That would be early 2010 when he was approved, but I don't have his paperwork in front of me. I hope we don't have to hire an attorney but we're willing to go that route if need-be. Should we go with an attorney fimiliar with this stuff?

First of all how long has he been service connected?

You need to fight this one. I would get an attorney and go after it that way.

J

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  • HadIt.com Elder

Thanks for the replies...he served during the Vietnam War in the 60's. I assume you mean by "service connected" is when was he determined 100% disabled due to ALS? That would be early 2010 when he was approved, but I don't have his paperwork in front of me. I hope we don't have to hire an attorney but we're willing to go that route if need-be. Should we go with an attorney fimiliar with this stuff?

I would use this group: Bergmann and Moore.

The reason I asked how long is the fact that there are certain laws regarding length of service connection, For example if he was connected in 2010 but his effective date was 2005 then they VA cannot reduce after 1 exam. It is called protection. 10 years has more in depth rules and 20 years makes it totally protected. (the only thing that can be reduced or severed is claims based on Fraud at that point.

One living with ALS knows that different body functions are like a switch, Some days they work, others they dont. You should get a Neurologist to explain that in writing and send it to the RO as evidence. I would also write a 21-4138 delaying any proposed action until this is sorted out. Contact your congress critter also.

Sounds like this RO has too much time on t heir hands and need some more claims to work on.

J

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  • HadIt.com Elder

Don't be afraid to hire a lawyer for your brother's reduction. They get paid from retro. You don't pay upfront. Do as John as suggested. The worst thing your brother can do is to do nothing. You need to hire a lawyer who does VA and/or SSD disability work for a living.

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