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

[carlie]

'a change in rating cannot be based on single examination'

The above is correct and they have to factor in ALL of the medical evidence

within I think the past 12 months, at least.

I think Dr Bash can measure your ROM correctly and clear

this all up.

JMHO

[broncovet]

Be careful! The regs on reductions/severence are several different places and, some of them apply to 20 year, some to 10 year, and some to 5 year stabalized or P&T.

Do not confuse these. The "change in rating can not be based on a single exam" applies, I think, to one or more of the above categories, but not necessarily a non P and T rating that has not "stabalized"ie, remain unchanged for 5 years.

The VA has made it easy to reduce "temporary" ratings such as those which are "not P and T" and not stabalized. I think the "temporary" ratings can be reduced on a single exam and are not afforded the protections of having a rating five years or more. j1vo.

[john999]

There is a rule as well about reducing a vet who is 55 years of age or over 55. This is for those who are total. It is in the VBM. Now for all those who don't know can someone outline what a vet should do if they get a proposed reduction letter? What are timelines for appeal and what kind of appeal should one file?

[carlie]

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...

rpowell,

This is copy written material - Please do not post copy written material as

this can bring us serious problems and is against the membership rules.

VBM / LexisNexis, CHARGES for this info.

[Vync]

When "single examination" is mentioned, is that just any single treatment visit or does that refer more specifically to a C&P exam?

[broncovet]

Vync

Good question, but I think medical evidence is medical evidence...it should not matter if it comes from an "official" C and P exam, or a doctor qualified to make such a medical nexus opinion. When the VA requests a C and P exam, there is almost always "something missing" on the regular exams, and the VA seeks to correct said deficiency with an exam which asks the docs opinion on some key points.

Vets sometimes use IMO/IME's to "refute" unfavorable C and P exams, which may/may not work. An IMO isnt a C and P exam, but the IMO doc can offer an opinion more favorable than the C and P exam. Supposedly, if Doc A, even at a C and P exam, opines "this isnt relate to service" and IMO doc B says, he did a more thorough review of the med records and he thinks it is related to service then the doctrine of equipose would mean the Vet gets the benefit of the doubt, not whether one opinion was a C and P exam or not.