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Claim Denied Increase / Iu, Questions On Personal Hearing,

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Spiderman

Question

I requested an increase / IU to my valvular heart disease due to an aorta aneurysm after having my aorta valve replaced. The request was written up wrong, by not mentioning the aorta aneurysm on the VA Form 21-4138. Only the aorta valve was re-evaluated and was found to have some improvement, request for increase denied , service-connected disabilities will drop from old combined 60% to 30%. Just received my denial letter went to my DAV rep and we requested a Personal Hearing, and re-submitted a claim for aorta aneurysm, I Live in the Dallas-Ft Worth area. My question is; do these types of hearings take place in 30 days, or are they backlogged like the rest of the system where it might take 6 to 12 months or longer before this takes place? My second question has to do with obtaining an IMO, I am not satisfied with the VA doctors note in the progress report with the comment on the aneurysm stating (“likely part of the spectrum of by bicuspid valve and aortophathy“). I understand that the wording needs to be “more likely than not”. Should I try to obtain an IMO before the personal hearing do I have time, or should I wait until I get a second C&P for the new claim

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In my experience - hearing usually do not get scheduled within 30 days

and usually take many months if not a year or more to get scheduled.

Click the following link and then go to Chapter 4 - Hearings for more info

http://www.benefits.va.gov/warms/M21_1MR1.asp

Carlie passed away in November 2015 she is missed.

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  • HadIt.com Elder

I believe hearings "for proposed reductions" are heard within the 30 days, as once timely requested the reduction cannot begin until after the hearing. The VA will generally expedite the hearing, so they can follow thru w/the reduction, in a timely manner.

pr

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I believe hearings "for proposed reductions" are heard within the 30 days, as once timely requested the reduction cannot begin until after the hearing. The VA will generally expedite the hearing, so they can follow thru w/the reduction, in a timely manner.

pr

As I read this - I laughed in agreement - lol.

Carlie passed away in November 2015 she is missed.

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It is amazing how fast the VA can move when contemplating a reduction. I filed for my 18 yo son for school attendance and the VA sends me a letter indicating I told them I was never married to my wife of 20 years and that I need to provide them with the date I was divorced and a copy of my divorce decree.

If "I told them I was never married" why would then need the divorce paperwork that doesn't exist, and couldn't exist if I was never married?

Hmmn, I wonder if someone elses stuff got shuffled in with mine?

Best regards,

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