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?

[Philip Rogers]

That 21 days thing is just something that sticks in my mind - I do know it's a very brief time period, as far as deadlines go, for the VA. It probably is 30 days, in which case you're safe but do it anyway. Better safe than sorry! jmo

pr

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).

[carlie]

Don't mess around - submit a copy of request for a personal hearing at your VARO

regarding the proposal to reduce and request NO changes be made in

your compensation status until after you have received your hearing.

Get some proof you submit this - like a date stamped copy.

If you don't do this - you will more likely than not - kiss it good-bye.

You have been given good guidance in this thread, I would sure do it.

JMHO