Jump to content
VA Disability Community via Hadit.com

  Click To Ask Your VA   Claims Questions | Click To Read Current Posts 
  
 Read Disability Claims Articles   View All Forums | Donate | Blogs | New Users |  Search  | Rules 

  • homepage-banner-2024-2.png

  • donate-be-a-hero.png

  • 0

60 Days To Disprove Decrease

Rate this question


ferris7060

Question

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.

Link to comment
Share on other sites

  • Answers 16
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

Recommended Posts

  • Moderator

I agree with Basser that you should get an attorney if you can afford one. You can also try to get one "pro bono". If you cant get one pro bono and cant afford one, you may find an experienced VSO who has done hearings. Last but not least, if you want to post your city/state, there may be a hadit member who is experienced and will help you at your hearing.

Link to comment
Share on other sites

Also:

Read this informative piece on proposed reductions. Its long, but read it anyway:

http://www.jimstrick...Reductions.html

This WAS long, and I am glad that it was because I found a huge amount of useful information

Several 38 CFR laws talked about in this article could be golden in this:

One states that the exam used to propose reduction must be as thorough as the one that diagnosed it. I had a 20 minute exam, and my hands were only glanced at. I had MONTHS of tests being physically done on my hands in order to be diagnosed. I have all the records.

Another states that any improvement has to be able to be maintianed under "ordinary" conditions of life.

The examiner misquoted me as saying I get attacks once a week rather than daily (I said I get an unbearable attack once weekly, and painful attacks daily. Anyway examiner went on for 3 paragrapghs about the measures I take to live with Raynauds. One of those was do not go outside for more than 5 minues in the winter...ever! Wear gloves inside the house. Avoid any damp weather, avoid any tempurature change at all (like sun to shade, or sun to cloudy. Only touch a cold can with a glove or doubled up napkin. And then I said, Because I have such neck problems, migraines, and Raynaud's I pretty much just stay home all the time under a blanket watching movies. DEFINATELY not ordinary conditions of life.

Is disability prone to temporary and episodic improvement? Raynauds - I could print them a book about that one.

Thanks so much- I think you may have saved my house.

Link to comment
Share on other sites

  • Moderator

Im glad it helped.

Do not let the Va buffalo you into thinking you have to submit to the reductions. They want you to give up. Instead, knowledge is power.

The VA has to show "actual improvement"...did your condition improve since you were awarded (or continued) benefits? Did this "actual improvement" happen and then there was another VA decision which continiued your present rating?

Read Katrina Eagles article over thoroughly, and, you are right, apply it and it will probably save your house.

Edited by broncovet
Link to comment
Share on other sites

  • HadIt.com Elder

ferris7060 - unless you request a hearing within about 21 days (may be 30 days but I wouldn't chance it), from the date of the "proposal to reduce" letter, you will be reduced "automatically." The only way to delay or stop it is to have a hearing. The VA cannot proceed until after the hearing. I suggest you write your request for a hearing, today or tomorrow, and hand deliver it to your VARO on Monday, and get a date-stamped received copy to take home w/you. jmo

pr

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use