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.

[meghp0405]

rpowell01,

when you prepare your NOD for this, review some case law decisions that have been made in the past concerning the same issue as yours. Almost each and every time, a case is overturned in the favor of the veteran when you have a STRONG IMO from a specialist in the field of your disability.

[71M10]

"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"

The government certainly does not want to KNOW that a condition has worsened. If the government was concerned about veterans conditions worsening they would be doing re-checks on 0% ratings. In 88 they told me I had a "bone disorder" and gave me a 0% rating. They diagnosed me with spinal arthritis (hid that) and never asked to re-examine for 18 years. When I filed for an increase in 2006, because they wouldn't give me a doctors appointment to get physical therapy (because i was 0%) and it finally was re-examined it rated out at 40%.

They wouldn't make my current rating P&T because they want to do a re-exam on my heart/Cardiomegaly. 5 years ago when it was rated at 60% due to 50% LVEF, I have persistant edema in my legs and asceties(fluid in abdomen) on my MRI, even though I am on ACE/diuretics. This is evidence of heart failure, but because I have never had an acute HF incident they certainly don't want to recognize that. The teenie-tiny minds in the local VARO want a re-exam, hoping that they can get the cardiologist to tick up that LVEF a couple numbers so they can reduce. However, statistically people with cardiomegaly and fluid retention never get better, the best they get is a slower trip towards that dirt nap. But hey, trying to screw that VET day-by-day on his trip to the great beyond is just one of the many assigned duties. I guess the re-exam attitude really isn't that bad when you consider the ARMY and VA both knew in 88 I had Hypertension and the beginings of cardiomegaly (just a slight increase in the Right Atrium), but they saved a lot of taxpayer dollars by not telling me about it!!!!

If only some of us would have had the internet and HADIT when we got out!

Edited September 6, 2013 by 71M10

[71M10]

I need to clarify an earlier statement.

I by no means think the average rank and file VSR, RVSR, and other first line staff have it in for veterans. The SYSTEM tells us it is paternal/non-adversarial and pats itself on the back for how good they are to veterans even while it implements rules, systems, and rewards behaviour that is counter to the stated goals and mission. In like fashion, I think the average veteran is honest and isn't trying to game the system. But within each group, their are individuals that are screwing it up for the rest of us!

[rpowell01]

Well as of right now I am STILL waiting on Dr. Bash to send me the DBQs he promised he would completed after giving me a physical right in the middle of the airport.

[harleyman]

Be patient doctor Bash will provide what he says he will. I have used doctor Bash myself. He had you fly in and do an exam in the airport because he knows that an exam carries more weight than just an opinion review of records. (IMO). You will be getting an exam with an opinion (IME) and that will trump the VA exam, because Dr. Bash has better credentials than any of the VA examiners. Hang in there it is to your benefit, and Dr. Bash also stands behind his work, if it goes to an appeal he will win in court over a VA examiner any day of the week..- just saying :)

Edited September 7, 2013 by harleyman

[harleyman]

I said; 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.

I agree with you all. That was not a good choice of words. I should have said, " At the same time, if the condition has worsened the Veteran has a right to open a claim for an increase disability rating, and the Government (VBA), has an obligation under the current laws, to find out if the condition has indeed worsened and provide a higher disability rating according the the 39 CFR part 4 rating schedule for that condition." VA orders examinations because that is the only objective evidence they have to grant a condition or grant an increase. Subjective evidence although credible is not necessarily ratable.

Sorry, about the bad choice of words. However, I know you all understood what I meant.- lol

Harleyman