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EO1Seabee

Question

I received my service connected rating in 2008 and didn't read the exam materials completely. I just got the request for appeals in just under the wire

Went through the exam in Jan of this year and got the award letter back in Oct 2011 which I still disagree with.

My rating didn't change, I picked up a service connected disability and

lost one without an exam???

50% PTSD 10% Skin, 10% Eye rating was removed from my award letter

I still take medication and drops for my eye and it was removed. I was told at the Regional Office to have them reconsider it again. Did something change? I didn't get that memo if it did.

The fight continues

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You need to request a statement of what your disabilities are. If your eye condition was not a part of your claim it will not be addressed in the rating. Anytime a condition is addressed in a rating your appeal period is reopened. Check E-benefits.

"Don't give up. Don't ever give up." Jimmy V

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The VA does not necessarily have to have a C and P exam in order to award benefits, so it would follow that they would not necessarily have to have a C and P exam to do a reduction. They do have to have evidence, but a C and P exam is only needed when the VA thinks your doc did not provide enough information to make a valid decision on SC/ disabilty percentage. At least part of the time, the doc in treating you can give the VA the information they need to make a decision without a seperate C and P exam. A C and P exam is often given, for example, if the doc who treats you does NOT give an opinion as to whether or not your condition is related to military service. He can treat your conditions without opining as to whether or not your condition is related to military service.

The VA does have rules to follow about reductions, however. First, they have to send you a letter 60 days in advance with a proposal to reduce. Then, you may request a hearing protesting said reduction proposal.

If the VA reduces you without this 60 day letter, you should almost certainly be able to get your rating back, but only if you go through the steps to make this happen.

Edited by broncovet
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First, specifically what issue(s) did you appeal?

As for My rating didn't change, that's entirely possible. Under the wonders of the Combined Rating Table at 38 CFR 4.25 http://www.benefits....PART4/S4_25.DOC , combining 50%+10% results in 60%. Please notice that I wrote 'results in' rather than 'add up to'.

With the new disability of 10%, combining 50%+10%+10% still results in 60%.

I received my service connected rating in 2008 and didn't read the exam materials completely. I just got the request for appeals in just under the wire

Went through the exam in Jan of this year and got the award letter back in Oct 2011 which I still disagree with.

My rating didn't change, I picked up a service connected disability and

lost one without an exam???

50% PTSD 10% Skin, 10% Eye rating was removed from my award letter

I still take medication and drops for my eye and it was removed. I was told at the Regional Office to have them reconsider it again. Did something change? I didn't get that memo if it did.

The fight continues

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First, specifically what issue(s) did you appeal?

As for My rating didn't change, that's entirely possible. Under the wonders of the Combined Rating Table at 38 CFR 4.25 http://www.benefits....PART4/S4_25.DOC , combining 50%+10% results in 60%. Please notice that I wrote 'results in' rather than 'add up to'.

With the new disability of 10%, combining 50%+10%+10% still results in 60%.

I could work for VA, That's the way I did math in school. Please explain?

Edited by SP4RVN1971

"Injustice anywhere is a threat to justice everywhere"

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There are quite extensive postings within this forum on the Combined Ratings Table. I rather imagine a simple search will come up with more information than you'd care to know.

I could work for VA, That's the way I did math in school. Please explain?

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  • HadIt.com Elder

If you are not happy with your rating I suggest getting an IMO and appealing this thing until you are happy. Are you able to work? Are you just trying to get the highest rating possible or are you trying to get TDIU or 100%? If you are working 40 hours it is harder to get 70% for PTSD, but it could be done. It is a fine line between 50% and 70% and most vets who are 70% for PTSD or any other mental condition are not working because they can't. The higher percentage you rack up now the easier to get TDIU or 100% if and when you get worse. Buying an IMO is a good investment. Do you get mental health therapy at the VA?

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