cervical strain Proceedings To Reduce Ratings, Must Read...38 Cfr 5.10

[rpowell01]

I have read a ton of stuff here on hadit. What is most important about this topic is I have read about how people are locked in at the 10 year mark and 20 year mark. Well attached with this topic is the true answer, thanks to JBasser for pointing me in the right direction.

There is a 5 year PROTECTION and I have YET to read a 10 year PROTECTION in this regulation. This attachment is the REAL DEAL and it needs to be added to hadit some how some way for others to be able to find it. I have highlighted many important aspects of the 5 year protection rule and the process of the Reduction of Ratings....

I will let everybody know that that ONE C&P Exam CANNOT be a basis for a REDUCTION. By this regulation the VA must look at the OVERALL HISTORY. So, in my case the VA wants to reduce my ratings of Cervical Spine and Lowback. On the decision letter they are basing this ONLY on the C&P Exam. Sorry but this is ILLEGAL and they CANNOT proceed in doing this. They are changing my true diagnostic of Cervical Strain to Cervical DDD and Lumbar Strain to Lumbar DDD. Most people don't know the DC they put on these letters are not the real DC, a lot of times. Example: The my original DC on the Decision Letter in 1996 showed "Cervical Spine Pain" but the VA computers actually show "Cervical Strain", see the difference. So, just by this alone it shows that my issues are actually getting WORSE not better. History actually shows that just 4 years ago I didn't have these problems like I to currently have and I am not just talking about the radiculopathy. I am talking about waking up every morning and it taking me 3 hours to get out of bed because my neck and back are in a lot of pain, it didn't show me taking 3200mg of Gabapentin and 300 of Tramadol per day, it doesn't show that I was getting treated for radiculopathy in my arms and legs, ALL like it is today. Again OVERALL HISTORY.....

So, the VA MUST look at the OVERALL HISTORY of the medical issues at hand and NOT just on one C&P Exam. BTW all my previous C&P exams I have had from 2010 to now, actually 3 of them for my neck and back, didn't show anything getting BETTER....

Now let me tell you this true story that happened today. I was on the phone with JBasser and he swore up and down that there is a 5 year rule. So, after I left of delivering my NOD and Request for Hearing letters I decided to drop in over at the State of Florida Veterans Service Office. I talked with an officer there and I asked him about the 10 year rule ( I said 10 because that is what I have heard) about being locked on on ratings. His reply was "You are locked in at 20 years for ratings and 10 years for service connection." I come home and actually found the regulation online. So, this will tell you that some of these VSOs don't know much of nothing and are worse than the VA raters themselve....Oh, but he did say if I can get Dr. Bash to do a DBQ on my neck and back that should be sufficient. Well I am going to hopefully get them done by Dr. Bash whenever I fly up there and I am going to use it at the hearing. But most importantly I will have my copy of 38 CFR 5.10 "Proceedings To Reduce A Rating"

This policy might be on here but I can't find it....

Document deleted at request of admin...

Edited June 24, 2013 by rpowell01

[Vync]

Get up, stand up, fight for your right

Get up, stand up, don't give up the fight

Get up, stand up, life is your right

Don't give up the fight

--Bob Marley

Great post!

[broncovet]

5.10 is the number associated with the Veterans Benefit Manual, not CFR 38 5.10. While the VBM is good, and accurate, it is not 38 CFR.

Protection of total disability ratings is in 38 CFR 3.343

http://www.law.cornell.edu/cfr/text/38/3.343

20 year protection:

http://www.law.cornell.edu/cfr/text/38/3.951 38 CFR 3.951

Katrina Eagle, Veterans law attorney, has an article of interest to Vets involving proposals to reduce:

http://www.jimstrickland912.com/Reductions.html

[rpowell01]

I think I wrote it wasn't 5.10. But this was taken off of a lexisnexis CD which are used by attorneys from COURT rulings. And yes the VBM is good and accurate and no its not 38 CFR...

If you could only see what they wrote on the decision letter about the proposal you will understand my fight is going to be against the OVERALL HISTORY. They showed I was getting treated or was treated here and there an at Bay Pines. They didn't mention I was getting treated at the Tampa VA center and at the Tampa VA Pain Management. Number 2 is going to be how does a progression of Cervical Strain to Cervical DDD get better in ONE rating when in fact Cervical DDD is in fact a higher level DC.

The ONLY thing they are really basing the proposed reduction on is the ROM the ONE C&P examiner did. That is NOT using OVERALL HISTORY....

I am fine with it as long as Dr. Bash does DBQ then I should be okay. If not, then I will NOD the rating decision.

The C&P Examiner stated I had DDD but I don't have ARTHRITIS. But I find it funny that I have a secured message from my PCP and he stated I had Arthritis...BTW If you ever hear my neck sound like "Rice Krispies" you know I have Arthritis....This is what is written in the Decision Letter.

I could be wrong and I guess all these medical doctors are also since this one C&P examiner believe DDD and Arthritis isn't the same but doesn't the medical community consider DDD/Spondylosis/Osteoarthritis the same thing?

One more thing I guess me taking magnesium as a prescription doesn't mean I have Osteoarthritis? Cmon the signs are all there...

Edited June 22, 2013 by rpowell01

[rpowell01]

broncovet THANK YOU For that last link. That gave me a peace of mind. My ratings for the two they want to reduce were increased in 2010. But in the decision letter they sent me it really doesn't show anything getting better except for the ONE C&P Examiner. So all Dr. Bash has to do whenever I fly up there is to examine me and do a DBQ.

But in that last link Kartrina wrote: Note: “Sustained improvement” must be based on all evidence of record; i.e., a change in rating cannot be based on single examination “in isolation of rest of the record”

Which is exactly that I am going to fight either way. You don't increase in diagnostic code then overnight and puffff you are better when you are getting treated for the conditions.

[broncovet]

You are correct that there are rating protections at 5 years and twenty years, OR if P and T. 10 year protections are for severence of service connection, which is a bit different than a mere "reduction" in rating.

Importantly, with ratings that have become "static" or are P and T, the VA has to show your condition "actually improved" and it has to be "under ordinary conditions of life", that is, you are working. If you are not working, then you can argue that your conditions have not improved enough to go back to work. If you are 100% P and T, and are working, then you might have a problem.

If Va has proposed to reduce you, Katrina Eagle's advice is to ask for a hearing.

[rpowell01]

Letter was dropped off yesterday.

This is all great advice even through the PMs...Thank you everybody...Well at least I am getting experienced with all this FUBAR stuff....

Edited June 22, 2013 by rpowell01