Need Reduction Hearing And Nod Of Decision

[ferris7060]

I got a decision that I completely disagree with. I have two problems, one they proposed to reduce my 40% for Raynaud's, and two they completely ignored ALL evidence for my migraines.

I have already asked questions on here regarding both of those things. What I am wondering now is, can I BOTH file for a hearing in my reduction of Raynauds AND file an NOD for the entire decision. I'd hate to put my appeal of the entire decision on hold waiting for the Raynauds reduction hearing. But, I have to act on the Raynauds now as they will execute the reduction quickly if not.

Also, I read somewhere that you cannot CUE if you still have the option of appealing the claim, is that true?

[sharon]

You can not NOD the reduction until it takes place. You can NOD the headaches You don't have appeal rights on a proposed reduction. You should ask for a hearing. Once the decision is made you will then have appeal rights.

[ferris7060]

Thank you. I just got an IU decision on August 23rd. It denied IU basically because it denied I had any Migraine headaches (although I am QUITE confident of my Migraine proof). In that same decision they proposed a reduction in Raynauds. I want to know if I can request the reduction hearing AND apeal the entire decision at the same time, or if I have to wait until the reduction hearing decision before appealing the entire decision. Since Raynauds is involved in both.

[Philip Rogers]

ferris - you can do anything you want, it's just a matter of whether the VA will accept it. I'd file everything, just to make sure. I see the date you received the notice was almost 30 days ago. Be sure to get that request for a hearing in today. Hand deliver if necessary!!! Don't let them tell you it's too late, either. You need to have everything written. A general rule is "if it can't be read - it wasn't said!"

pr

[ferris7060]

ferris - you can do anything you want, it's just a matter of whether the VA will accept it. I'd file everything, just to make sure. I see the date you received the notice was almost 30 days ago. Be sure to get that request for a hearing in today. Hand deliver if necessary!!! Don't let them tell you it's too late, either. You need to have everything written. A general rule is "if it can't be read - it wasn't said!"

pr

One of my problems is, they NEVER SENT ME ANYTHING! It was writen in the decision that reduction was proposed, but no letter since. Nothing about what to do next or even a formal letter saying they were doing it. Just the decision that said at the end, this is proposed, you have 60 days to submit additional evidence. I did not know I could even have a hearing, let alone I only had 30 days to tell them I wanted a hearing. I am SERIOUSLY disliking the VA right now. I used the word evil last week, and kinda got some heat, but I'm leaning towards it again. My VSO keeps telling me I can't have a hearing for the reduction (smart guy, I should really trust him).

[Philip Rogers]

They did send you something. They sent you a "proposal to reduce notice," which is all that's required. I swear you have only about 21 days to request a hearing which delays the reduction, temporarily. I can't remember exactly but this was discussed here, or at the NVLSP site, recently (within the past 6 months) and the NVSLP was quoted as to the recommended steps to delay the proposed reduction. Perhaps someone here will recall the discussion and can link it here. Failure to request the hearing in time loses that right. Personally, I would request it just to protect myself. It's your decision. jmo

pr

One of my problems is, they NEVER SENT ME ANYTHING! It was writen in the decision that reduction was proposed, but no letter since. Nothing about what to do next or even a formal letter saying they were doing it. Just the decision that said at the end, this is proposed, you have 60 days to submit additional evidence. I did not know I could even have a hearing, let alone I only had 30 days to tell them I wanted a hearing. I am SERIOUSLY disliking the VA right now. I used the word evil last week, and kinda got some heat, but I'm leaning towards it again. My VSO keeps telling me I can't have a hearing for the reduction (smart guy, I should really trust him).

[ferris7060]

I'm not saying at all that the VA puts any weight in their own regulations, they don't, as far as there being any consequences to them, or anything favorable to you if they don't apply them. I am going to request today, but I agree that it's probably too late.

Under the auspices of VA’s duty to assist, itmust advise the veteran about the types of evidence – medical and nonmedical –that the veteran should submit to avoid a reduction in the disability rating.

VA must inform veteran about right to a Predetermination Hearing. If the veteran wants one, he

or she must request it within 30 days of notice. See 38 CFR § 3.105(i).