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.

[john999]

In Ronald Reagan's day I believe from my own experience there was an effort to reduce vets and get them off the rolls. I don't know if this is happening again but the VA is not fond of a 100% vet who passes 20 year mark and is "home free". That is the vet's last hurdle. I don't know if they do this to P&T vets or not? If you are over 55 and have been 100% or TDIU for five years it is supposedly much harder to reduce you. The VA has to meet a higher standard to reduce you. The VBM discusses this in detail. They have to show sustained and clear improvement over time, and not just one exam.

John

[john999]

Hey, we have vets who are TDIU and forget to send in employment questionnaire and get reduced. That is a real bitch since I don't trust the VA to ever send me such a questionnaire. I send one myself ever year and I am P&T for 12 years in August.

[rpowell01]

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!

That right there doesn't make one sense whatsoever. If a person places an increase then why would anybody think their condition got better. With me my condition actually got worse, so bad that I had to file TDIU. They denied everything but it was kind of my fault because the Regional Offices seem to believe a C&P Examiner over an independent medical opinion for some reason, even when the IMO/IME is a specialist and the C&P Examiner is just a Geriatrics Doctor. Yep the examiner is just a Geriatrics Doctor but she knew everything there is to know even to say I don't have arthritis in my spine when every report there is known to man says I have DJD/OA in my whole spine.

I already filed the letter and awaiting for schedule. Hopefully somebody will send me the new DBQs and rebuttal to the C&P exam report soon that I am still waiting on.

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.

So I guess this is wrong: 38 C.F.R. 3.344(a) requires that "all the evidence of record" support the conclusion that sustained improvement in the disability has occurred, the VA cannot view the single examination upon which the reduction is proposed "in isolation from the rest of the record."

Nowhere in my treatment records does it show improvement. Only one C&P examiner, who basically lied with every effort she had, said I had FULL ROM. Luckily my wife was in the room and also has written a sworn statement one week after the exam, two months before the decision was ever made. I wrote a SOC statement that the examination report was not accurate and sent that info to the RO and respectfully requested a new exam. They didn't even bother sending a reply back. That shows me that the railroad tracks was being laid down because I filed for TDIU at the request of a MEDICAL SPECIALIST. Funny thing is two important things the Specialist diagnosed me with and the C&P denying, two VA GI doctors diagnosed me with the samething after the decision was made. So, now I have wait for the NOD which will be 2 years. Such BS and they know it. Also the examiner stated in all her history evaluation that I had Spondylosis and degenernative changes on all my MRIs and Xrays. Every one of them since 2007 showed this. But in her "opinion" she stated I didn't have "arthritis"..This is what happens when you get a Contract Examiner who is only a Geriatrics MD. After doing my homework in reading MEDICAL LITERATURE, Spondylosis and "degernative changes" is in fact DJD/Osteoarthritis. See where I am going with this?

Its all good though hopefully I will prevail at the BVA. These two issues alone will put me over 100%.

Edited July 31, 2013 by rpowell01

[john999]

The VA can deny anything but if you have the goods on them you will win somewhere in the appeals process. The problem is time. Time is always on the side of the VA. They are immortal and we die waiting.

[rpowell01]

john999 as long as my family is taken care of then that's what is the most important thing with me right now.

[carlie]

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!

One does not submit a NOD on a proposal - a NOD is only submitted on a decision that

has been made.