Help With Final Decision On 2 Year Claim!

[chrisbal]

I just received my decision today and for the most part was good. I went from 50% to 70% with a twist. I was rated 20 percent for TMJ and 10 percent for a scar related to the TMJ. I also filed for an increase for my hearing loss which was currently 10% and the VA came back with "Evaluation of bilateral hearing loss, which is currently 10 percent disabling, is proposed to be decreased to 0 percent. <br style="min-width: 0px; "><br style="min-width: 0px; ">Then later it says "Continued entitlement to bilateral hearing loss currently evaluated as 10 percent disabling is proposed to be reduced to 0 percent. If the evaluation is reduced, the combined evaluation will reduce from 70 percent to 60 percent".<br style="min-width: 0px; "><br style="min-width: 0px; ">I'm confused what the word proposed means in this situation. Does my claim go to another board to see if it is going to be reduced? This claim is almost 2 years old and I know my hearing has not gotten any better. My hearing is horrible and my family knows this and the hearing aids don't help that much. <br style="min-width: 0px; "><br style="min-width: 0px; ">I completely disagree with the hearing loss portion of their decision, what do I need to file or do? Also, from what it sounds like is that I will continue to receive 70 percent until they make a decision, is this correct?

[sharon]

The first thing you need to do is ask for a hearing. That will put any action on hold. You also need to provide medical evidence that shows that you meet the criteria for the 10 percent/increased rating. "Request a hearing for the proposed reduction for hearing lost." That is all you need to send in. Do it right away.

[chrisbal]

Thanks, I'm still confused as to what it means when they say it is proposed to be decreased to 0 percent. How long does this usually take and is it 100 percent going to happen.

Also, how long does it take to receive a hearing? I have also read things about NOD and appeals. Is a hearing the same as an appeal? What does a NOD do?

Sorry for all the questions but I have decided to file on my own rather than use a vso.

[carlie]

Thanks, I'm still confused as to what it means when they say it is proposed to be decreased to 0 percent.

It means that the VA has officially informed you that they propose to reduce your hearing loss comp from 10% to zero percent.

How long does this usually take and is it 100 percent going to happen.

If you don't do EXACTLY what sharon advised - I guarantee this will happen.

Also, how long does it take to receive a hearing?

There is no time frame - could be 4 weeks, 4 months, 4 years, etc...

I have also read things about NOD and appeals.

Is a hearing the same as an appeal?

Something the same but not fully.

What does a NOD do?

http://www.hadit.com/definitions.html

NOD Notice of Disagreement

Notice of Disagreement written statement expressing dissatisfaction or disagreement with a local VA office's determination on a benefit claim

that must be filed within one year of the date of the regional office's decision.

Do as sharon posted - a NOD would not be filed on a proposal to reduce - as no determination has yet been made

only a proposed action. Request a hearing on this proposal to reduce- do this ASAP and be sure to get proof that you requested the hearing.

[cooter]

Thanks, I'm still confused as to what it means when they say it is proposed to be decreased to 0 percent. How long does this usually take and is it 100 percent going to happen.

"Propose" means the VA thinks your hearing has gotten better, and decided to decrease the % for this disability to 0%, therefore, like Sharon has said, you need to ask for a hearing asap. You need to gather up any and all evidence from your Dr stating your hearing is "either the same or has gotten worse".....So, yes it will be a 100 % sure thing IF you don't fight it with evidence from your Dr.

Also, how long does it take to receive a hearing? I have also read things about NOD and appeals. Is a hearing the same as an appeal? What does a NOD do?

You have 30 days from the date you received the proposal to reduce letter to ask for the hearing to keep VA from withholding any money, no matter how long the case takes.

You have 60 days from the date you received the proposal to reduce letter to submit all the evidence.

If the end results are not to your favor, you have 1 year to file an NOD if you wish to pursue it.

Coot

[chrisbal]

Thanks for all the help. Do I file for the hearing on any specific form or can I do it through VONNAP?

[cooter]

Hearing A meeting, similar to an interview, between an appellant and an official from VA who will decide an appellant's case, during which testimony and other evidence supporting the case is presented. There are two types of personal hearings: Regional office hearings (also called local office hearings) and BVA hearings.

Appeal Review of the claim by another rater at the same VA Regional Office

Coot