Proposed To Reduce Ratings Discussion....

[rpowell01]

I am just wondering about something. How many people here are currently going through this?

Somebody told me in a PM that he was at the DAV and there were 8 vets that came in complaining of being proposed to reduce. Is this something the VA does every so often? Or is this something that is coming from the top?

I wonder, are vets now being targeted like what happened with the IRS issue? Kind of makes you think...

Also, why would the RO need samples of my blood from my biyearly blood tests I get and then send the blood samples to me stating they have no way to store that type of evidence? I didn't send them no samples. This doesn't make any sense IMO because they don't never explain anything.

[harleyman]

I am just wondering about something. How many people here are currently going through this?

I personally do not have any idea how many Hadit members have received a proposal to reduce. I work at a VA Regional Office (BVA) and I have seen about 6 ( at the MOST) cross my desk in the past year.


Somebody told me in a PM that he was at the DAV and there were 8 vets that came in complaining of being proposed to reduce. Is this something the VA does every so often? Or is this something that is coming from the top?

Proposal to reduce are triggered by examination findings, that the C&P examiner does. Usually, a vet claims and increase and the examiner does his range of motion testing and the condition is actually improved. The VA is not really supposed to propose to reduce unless the Veteran has shown sustained improvement in a condition. At our RO we say that is when the Veteran has had 2 exams for the condition within the last 5 years and they both show improvement. Then the RVSR is required to do a proposal to reduce based on the exams findings.

I wonder, are vets now being targeted like what happened with the IRS issue? Kind of makes you think...

In my opinion there is no targeting, and I have had no upper management pushing to reduce Vet's benefits or levels of disability.

Also, why would the RO need samples of my blood from my biyearly blood tests I get and then send the blood samples to me stating they have no way to store that type of evidence? I didn't send them no samples. This doesn't make any sense IMO because they don't never explain anything.

The RO does not need samples or your blood, NOR do they want your blood. MOre often than you would know, especially on the older files and records, when the RO requests your records from the Records Management Center, the records are sent to the RO and they have these "blood packets" or DNA samples in the envelope with the records. VA RO employees have been instructed to mail these packets to the Veteran and let the Vet dispose of or keep the packet. RO employees are already exposed to enough though the handling of paper files claims folders being routed through the building without being exposed to DNA and Blood samples. Just saying, not to be mean, but it is what it is.- You would be surprized at the tihings that we are sent , some are not so great. -JMO

Edited July 30, 2013 by harleyman

[rpowell01]

harley my SMRs has been with the VA since 1996. The RO is the one who ordered the blood samples because the Nurse told me there was a request.

Why would they do this? No explanation.

So you are telling me that ONE C&P exam can trigger a proposed to reduce ratings and the rater didn't go by the OVERALL Medical History? Hope you understand where I am going with this.

I love the CFR and the Veteran's Benefit Manual. A lot of information in them to include the M21...

[harleyman]

harley my SMRs has been with the VA since 1996. The RO is the one who ordered the blood samples because the Nurse told me there was a request.

I have worked for Va for a while now, and I just got a notice to send Blood packets and DNA packets to the Veteran. I think for a while they use to be sent to the secuity officer. But someone decided to have them sent to Veterans. I know those packets have stayed the records envelopes for a long time, as when a VA RO claims employee would review the STRs the packets fall on the floor all the time. Someone probably complained about exposure to some unknown condition so they came up with sending the packets to the VET. I just opened a RVN Veterans file and he had the packet and we have had the file since 1969.

The RO does not request your blood samples be sent to the RO facility. The RO may request an examination, that may require a blood test with a report of findings, such as a diabetes mellitus test for glucose for a diabetes diagnosis, but it is up to the DOCTOR or EXAMINER to order your blood test. I would not put any faith in what the nurse has to say about VA RO SOP, a VAMC nurse is probably one of the last people I would trust for knowing VA claims processing Protocols. If you really believe someone from the RO wanted a blood test. I would get myself a VA FORM 21-4138 and ask the VA why they ordered a blood test, and send it in, and see what you get for a reply. I would be ineterested to see what they tell you.

Why would they do this? No explanation.-

The RO would only request this through a medical exam and only a report of findings, no blood samples would be requested to be sent to the RO. I don't think it would get through security or the mail room quite honestly.

So you are telling me that ONE C&P exam can trigger a proposed to reduce ratings and the rater didn't go by the OVERALL Medical History? Hope you understand where I am going with this.

Yes an examination can trigger a proposal to reduce. RVSRs do not just pick up a file and do a proposal to reduce. It is based on examination findings.

I love the CFR and the Veteran's Benefit Manual. A lot of information in them to include the M21... yep, I love it too, along with the M21-1MR, they are our best ally in getting our just compensation for service related disabilities.

I think I should add I love and have the greatest respect for nurses, as my mother was a nurse. But the VAMC nurses are not concerned about your claim , they are concerned about your health. File clerks , unit clerks, exam doctors have more information about claims than nurses.

Edited July 30, 2013 by harleyman

[harleyman]

rpowell01 said-: rater didn't go by the OVERALL Medical History?

Reply:

Once the determination is made to service connect a condition, the rater really is no longer concerned about your overall medical "history".

Once you are determined to be service connected, they wan to know your "current Condition or current status of functional abilities and inabilities".

They don't give a hoot on how it used to be, they only care about how it is NOW.

Sorry, conditions can improve and the government does not want to pay more for a disbility it the Veteran has improved function and is not as disabled as he once was because his condition has improved or healed with time.

At the same time, if the condition has worsened then the government wants to know so they can increase the disablity payment for the wosening condition. they order examinations because that is the only objective evidence they have to grant a condition or grant an increase.

Thats why on a couple of other posts I have made recently, I was very upset when I heard the VA was making rating decisions without exams. That worries me as they are basing their rating decisions on the evidence of record which may not really reflect the Veterans current physical or mental status. That is worrisome.

Edited July 31, 2013 by harleyman

[halos2]

Anytime you put in for an increase you can be subjected to someone thinking your condition has changed for the better, they can propose to sever or reduce your rating. If you receive a letter stating so, make sure you reply before the 30 day time limit. Even if you get a letter with a date on it of 2 weeks earlier, remember 30 days from the date of the letter. You need to follow through with your notice of disagreement asap. That will hold them off from this action at this time. Then get all of your info as to why they propose to do this action. Get verification your condition has NOT improved and send all info certified/registered to them. Sometime an idiot assumes they read something different in your c-file or changes the meaning of the documentation to fit "what they perceive. Wrong! Fight it with valid evidence. If you wait your compensation gets severed and it could take years to retrieve it. I know 1st hand. It happened to me some years back. The ending was the VARO cued themselves for the error and granted me a higher %. I know of a few others who have had this happen to them and as long as they acted on it fast, they were able to receive their benefits without a stoppage or decrease. BTW they were determined to warrant a higher % too in the end. Hopefully but not realistically it happens less of the time but I highly doubt it!

[COOL BREEZE]

Can they still propose to reduce your ratings even if you are over 50, or 1 of the other category's preventing this.