Proposal To Reduce (Question)

[meghp0405]

I assisted a veteran today who submitted her own claim about 19 months ago. She had (at that time) 40% for DDD. Her request was for an re-evaluation for an increase. The VA lowered her rating from 40 to 20 %. This was done in the rating decision.

My question is this, with a decrease in %, isn't the VA supposed to issue a "proposal letter to reduce" her %? And, also give her 60 days to respond to this letter? Or can the VA skip this process by issuing a new rating decision?

I believe that a proposal letter to reduce her benefits should of been issued prior to the RD. I welcome any and all comments and or suggestions!

[Philip Rogers]

To the best of my knowledge the VA is required to follow that procedure, which gives the claimant a chance to avoid the reduction. They cannot skip it. She has about 30 days, from the date of the proposed reduction, to request a hearing and the VA cannot reduce until after the hearing. Go get 'em!!!

pr

Edited April 15, 2013 by Philip Rogers

[carlie]

She most likely had a re-exam that showed current level of disability,

that met a lower percentage for evaluation.

[Carl the Engineer]

40% for DDD based on ROM is pretty hard to get as it is. Trying to get that re-evaluated for a higher rating, you would need to have your ducks in a row and confident in the ROM measurements.

That said, ROM is based on a test by the C&P examiner and is VERY subjective. Give me two examiners and I will give you two different ROM readings.

I was going to go after a increase for DDD (arthritis) currently rated ROM 20%, however, one, I'm close to the reg in my own evaluation, and two, do I want to jepordize my current rating. Not right now. I will be waiting for a while longer. Maybe past the 5 year period, and it will be "more" worse by then as my arthritis is not getting better.

Good luck,

Hamslice

[Berta]

M21-1MR, Part III, Subpart iv, Chapter 8, Section D

What you need might be under Sections 12 and 13,if they reduced under 38 CFR 3.344,

http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=2&ved=0CDIQFjAB&url=http%3A%2F%2Fwww.benefits.va.gov%2Fwarms%2Fdocs%2Fadmin21%2Fm21_1%2Fmr%2Fpart3%2Fsubptiv%2Fch08%2Fch08_secd.doc&ei=WzltUYSSBaXzyAGJ54DoDA&usg=AFQjCNGXRn2EH8U5_p2g97KvpTZuY7TCnw&bvm=bv.45175338,d.aWc

Or better yet,I always Goggle M21-1MR adding the specific part I want.

If you google ,M21-1MR proposed reductions , then some other links to M 21 will pop up.

I agree with Carlie that the recent exam probaby triggered this reduction.

Does she have a copy of that C & P exam's results?

The other day a newbie here made a very good point.

It pays, when we file claims or ask for increases, to carefully assess the VASRD, available here at hadit with all the Diagnostic codes listed at the bottom of the Schedule, because that is where the criteria can be found for higher ratings and also it

reveals exactly what medical evidence the claim will require.

But it puzzles me, if they cited 38 CFR 3.344, why she didnt get a chance to request a hearing.

Dot09 is right...did they raise the De Luca factor in the decision?

Is it possible that she has secondary conditions due to the DDD,yet she didnt properly claim them that way?

"I assisted a veteran today who submitted her own claim about 19 months ago" That might be the problem. Unfortunately she didn't have your help to properly word the original claim.

She might need an IMO to at least get her back up to 40% and it would need to be a strong IMO to combat what appears to have been a very negative C & exam.

She could access the specific DDD worksheet here at hadit with all the Blank AMIE worksheets to see if the examiner overlooked anything.

[Berta]

Forgot to ask Meg....

what diagnostic code are they using for this vet' DDD?

[Slowlane]

It might be a "heads up" proposal letter..............to be shortly followed by the real deal where actual dates and options are printed.