diabetes I Missed My C&p Exam.

[Greg88]

Hi everyone, before I tell my story let me give you a little backround. I was in the Marines, I was put on the TDRL for Diabetes mellitus Type 1 in 1976 rated at 40%, in 1978 the VA rated me at 40% I was also permananetly medically retired in 1978 by the Marines. for the next 16 years I was at 40% disability and used the VA medical system exclusively (my Dr. was head of Endocrinology for 20 years) In 1996 I was having trouble at work because of Diabetic Neuropathy and hypoglycemia, I went to DAV and I was raised to 60% in 1995, I lost my job ( I passed out due to hypoglycemia), I went back to the DAV and had an exam, was given 100% on Jan 12, 1998, but it was not made permanent. My Dr. retired in 1998, I was left seeing medical residents who were trying to change my prescriptions daily, I decided since my wife had good insurance, I would use private MD.

In January 2012, I received a letter from the VA stating that I may be subject to a reexam, I waited 3 months did not hear anything from the VA and called my DAV office, my DAV SO told me that a lot of these letters were sent out by mistake and not to worry about it, June 1st my sister invites me up to her house and I take off for 3-4 weeks, not expecting anything. I got home on June 26th and the notice for the reexam arrived on the 6th and the exam was scheduled for the 21st, I called the clinic at the VA hospital and was told my file was sent back to regional office. I called my DAV Serivce officer and told him what happened, he told me to send him a letter, stating why I missed the exam and that I was willing to be reexamined at any time, letter was mailed out that day June 28th, 2012. I called him on July 3rd and did not hear back from till July 6th, I asked him if he received the letter and he said yes. He then told me that the VA was thinking of lowering my rating to 0%, I got angry and told him they could not do that since I was 40% for the last 34 years, I then said I will be talking to my Congressman and started backtracking and saying "no you do not have to do that, I will take care of this" I called him on the 17th and he told me that he and his boss had talke to the "coach" and they were reassured that nothing would change. I had obtained notes from my private MD (he has been treating me for the last 14 years) and my private endocrinologist, I told my DAV SO, I would drop them off on July 19th. The DAV office in Manhattan, NY is in the same building as the RO of the VA, I dropped off the paperwork and was reassured by my DAV SO and another SO that there was nothing to worry about, so I did not worry.

I called the VA's 800-827-1000 and was told my case was in the preparation of notification stage, based on the info as of July 11th, I'm wondering if the VA is making their judgment on what the DAV SO related to them or are they going to lower my rating and have me fight to get back to 100%. I'am aware that they need 60 days before anything is concrete, I checked all the CFR on reexams and meet all the requirements of CFR 3.327, my condition is worse now that it was 14 years, they funny thing is I'll be 56 at the end of August, I'm wondering if that set off a second look at my case. I' just wondering if I'm being a little paranoid at this point.

[sharon]

The VA must send you a letter in writing of their proposal to reduce. Otherwise they can not do it. You have the right to a hearing before a reduction. The only time a reduction can be done without notifiction is when it does not effect the overall rating.

What you SO told you seems to be the way business is done between the SO and coaches. Little to worry about based on the infomration you have given.

[Greg88]

Hi everyone, I was checking Ebenefits this morning and noticed a change in status, for the last month it's been saying preparing for decision, it has changed to the gathering of evidence box. It's funny since the lady at 1-800-827-1000 number said it was in the preperation of notification stage, she also told me that Ebenefits use's a completely different computer system. It makes me wonder how far Ebenefits is out of the loop time wise.

Greg

[Greg88]

Sorry but I'm curious about something, even though I missed my C&P exam, if the VA was at all curious about my condition would'nt they just reschedule or does it seem that right hand does not know what the left is doing with the VA, IE: Ebenefits and the RO,

Gregory

[Greg88]

I checked Ebenefits this afternoon and I see that the VA has scheduled a C&P Reexamination on Sept. 5 and 11th, Tuesday and Wedsnday of this week the 1-800 # of the VA was told my case was decided and I should be receiving a letter soon. My advocate the DAV has not returned a call in 3 weeks, after reading all the posts, I should not be surprised.

Gregory

[Greg88]

Checking Ebenefits carefully, I noticed something new in the Details of Your Claim Section there is a new heading that says Contentions: diabetes mellitus (New), in my mind thats saying to me that someone has openend a new claim for my case, which in no way shape or form should have been done. Diabetes mellitus has been the disability since 1976, I have to go to the Regional Office and see what DAV has submitted for me. If only I could get a reasonably straight answer from DAV and the VA.

Greg

[broncovet]

Greg

Ebenefits and IRIS are notoriously unreliable. So unreliable, that at least one well known Vets advocate recommends not using them.

As was mentioned, you will have to have a WRITTEN notice of a proposal to reduce before the VA can reduce you.

What you need to do now:

1. Call to reschedule this exam. It may not be a "reduction exam" and could even be an inferred/informal claim! Dont skip this step, because the VA considers your unwillingness to submit to an exam as a great justification to reduce..and they do so regurly.

2. Make sure the VA has your current address! The Va can send a proposal to reduce to your "last known address" and if you dont respond, the courts feel like they did their duty, the rest is on you.

3. Most importantly calm down. If you have been rated 34 years, the VA can not reduce you except in cases of fraud.