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60 Days To Disprove Decrease

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ferris7060

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I have posted recently about several things wrong with my IU decision, it's complicated, and a confusing mess. So, I wanted to start on new topic to concentrate on a very serious part of the decision. I was diagnosed and discharged from the Army back in 2004. I did not want this and tried to avoid it, but doctors believed that my Raynauds (a circulatory disorder that causes my hands (and occasionaly my feet, nose, ears) to lose circulation, turn white, red, and sometimes grayish/purple. It is very painful and burns as the blood returns. Anyway, I was diagnosed for this by Reumatologists MANY different times between 2003- 2005. I had test after tests and all came back severe Raynauds Phenomenon. I tried many medications, some just plain did not work, others elevated my blood pressure (already service connected for hypertention, the last thing I needed was to elevate it more. And some caused severe leg cramping. (all results noted in my record by doctors). The last Rheumatology appt I had for Raynauds was back in 05. The doctor told me that we had tried everything and medication for this was not going to work for me. He told me that lifestyle change would be the best treatment. Wear gloves outside and inside if needed, limit outdoor activities in the winter to 5 minutes, shower in luke warm water rather than hot, use napkins or gloves when handling cold objects (especially metal), avoid any sudden temp changes even in the summer, and always layer my clothing. I have continued to do all these things and mention so whenever asked about Raynauds.

In 2005, my Raynauds went from temporary to permanent, and I have naver heard a thing about it since. To me, it seemed rediculous to make regular appts for this when I've already been told there is nothing they can do for me. (I guess I see now why I should have done just that regardless). My Raynauds has never changed for any extended period of time. I have the occasional week or two (in the summer) where I have less attacks, but it always returns to daily, in the winter its often several in a day). The examiner wrote everything I said about all the precautions I have to take, and all sounded good, until he wrote that attacks happen once a week. They proposed a reduce from 40% to 10%.

I have 60 days to prove otherwise or it will be gone. 2 weeks have already passed. I CANNOT get into a Rheumatologist appt. in Maine in that amount of time. I have tried and tried. I have an appointment with my primary doctor Wed. to get a referral (none will see me without one), but I've already spoken to the VA rheumatology office, and they said they'd try, but couldn't promise an appt. in that time period. Because it really does happen EVERYDAY I have thought about taking pictures of my fingers (they get very clearly discolored) on top of a dated newspaper to show the frequency, but my VSO doesn't think they'll go for that. I would get an opinion from my doctor, but he's a stubborn old school vet who doesn't think anyone should be compensated for anything...ever, especially someone my age. ( I live in Bangor Maine, we only have a couple VA docs).

Is there ANY WAY to get additional time to prove this? Its so unfair to have them give 60 days when I can't be seen in that amount of time. I can prove my Raynauds anytime and anyplace. It is so bad that if I wash my hands in cold water I get an attack. If a rheumatologist saw how easily I get an attack they would automatically know there would be no way to prevent it from happening daily. If they reduce me to this extent, I could lose my house.

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  • Moderator

Isnt' that 60 days to respond, not 60 days to prove? In that case, file an appeal to it, and then continue trying to get an appointment. They have to prove reductions, too.

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Isnt' that 60 days to respond, not 60 days to prove? In that case, file an appeal to it, and then continue trying to get an appointment. They have to prove reductions, too.

I thought it was 60 days to state that you disagreed, but they worded it in the desicion, you are provided 60 days to provide evidence showing that this reduction is not warranted. So, I called the 1-800# and they said I would automatically lose benefits if I did not provide proof within the time given. I asked about the fact that I planned to appeal or NOD and she said that would not stop the benefits from being taken. (Tried to contact my rep, but left mess- no reponse). Sounds like this my be classic 1-800# crap. If so, it would REALLY make my day. I have not been able to breath over this.

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  • Moderator

You have 30 days to request a hearing, or 60 days to furnish evidence. If you can't furnish evidence within 60 days, they will reduce the rating, but it takes at least another 60 days or so for that to happen, so you still can provide evidence within that period or NOD it from there. Cruiser (one of the posters) used to be a rater and is a VSO now.

http://vets.yuku.com/reply/489300/HEART-DISEASE-Reduced-from-60-to-10#reply-489300

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  • HadIt.com Elder

Farris, you are getting some good advice here and I am fixing to add some more.

Go Get an attorney as soon as possible who knows how to handle this stuff.

We have some good people here at Hadit but no one has the legal expertise that can be applied by an attorney.

J

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Ok..if this is a proposed reduction, then you need to request a hearing, per Katrina Eagle, Veterans attorney.

This will buy you more time.

Send a notice that you are disputing the proposed reduction and request a hearing. They cant reduce you until the hearing. In the interim, do this:

1. Try to find some of those medical records where you were diagnosed.

2. Explain there is no effective treatment for your condition, cite references online, if necessary, explaining you have symptoms of the disease and you are still entitled to benefits. Its not your fault there is no good treatment for your disease.

3. Continue to try to make an appointment with a VA or other physician. Travel to a nearby VA if none available in your city. Stay with family/friends if necessary.

JMHO.

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