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]

I know the number of 100% and/or TDIU claims have increased dramatically over the last5-10 years. Obviously, RVN ERA vets are getting older and sicke,r and we have been in two long and bloody wars. I think TDIU is an issue that sticks in the VA's throat. It is somewhat subjective as are many VA ratings. It is hard to produce absolute proof that you are unemployable. My advice to ward off reductions is to stay in treatment and take your meds.

[harleyman]

Actually he didn't and he has forgotten ALL about me and my DBQs. I called him last week and he told me he forgot. I am sorry he forgot! He at least was honest with you and told you the truth, however, this certainly is not a good situation for you though.

I know he may be busy but you don't forget like that. Agreed

I mean how many physicals or DBQ exams are done in a airport? Your the first that I know of.

You also have to understand that I am over the 60 day mark Dr. Bash told me to write on the letter to the RO for him to submit more evidence...Understand where I am coming from?

Are you over 60 days for an appeal or just the 60 day mark you told V you would have evidence to submit?

What is going to TRUMP the VA examiner is all the diagnosis of VA doctors that has diagnosed me with the same issue Dr. Bash did. He did it back last year while they waited until AFTER the C&P exam...Now, I have Dr. Bash's IMO from last year along with TWO other MDs who says the same thing. Then on top of this, I just had an EMG on my legs about a week and half ago and the EMG report shows I have bilateral radiculopathy with negative neuropathy ( I am not diabetic btw). Your evidence sounds compellingly in your favor.

The C&P examiner stated I just had "muscle spasms" in my leg....What I find appalling is I NOW have NO feeling in both my feet from the midfoot forward and she had the nerve to say I had muscle spasms. VA examiner's are not into treatment nor being diagnosticians, VA examiners only document or confirm what they see on exam or read in a record.

Well, if I don't get any feeling back on them I will be upset with the medical side of the VA for waiting so long to do anything. I just had 2 epidurals last one last week and well my legs hurt worse actually and the numbness is still there in my feet. I knew they wouldn't work...And the MRI shows something different than the EMG. The MRI didn't show the pinched nerves like the EMG does...JBasser told me NOT to believe MRIs and well now I understand why he said that.... MRI's, CT scans, x-rays, ultra sounds, EMGs, etc., all have good and bad about them. It depends on what you are looking for, what type of test is best.

MRIs are not so good for detecting a structual back condition, if one is looking to see nerve impingement, unless the MRI is done in a standing position. (there are some standing units available). Once a person lies down the back is nolonger being asked to "work" and the musculoskeletal structures relax and return to a non working atmoshere. It dependss on what tests are needed and for what condtions. I like Dr. Bash for this reason, he knows Imaging. I hope you get your report from the good doctor, soon. Good luck on your claim...it seems you are very well prepared.- Harleyman

[rpowell01]

I learned a lot in the past couple of years. But what I found to be the most help is the Veterans Benefits Manual. You do not need an attorney if you read this book. It has everything there is know on filing and appealing claims.

The 60 days mark is the amount of day Dr. Bash TOLD ME to write on the letter to the RO in asking for a hearing on the Proposed Reductions. If he doesn't get me the DBQ forms then I am out of luck and I if lose at the hearing I will never forgive him. The man talked highly of doing this or that at the airport but he hasn't backed what he talked, yet. O' well if I lose then I lose but I will make sure to spread of the word about this incident.

[harleyman]

I know the number of 100% and/or TDIU claims have increased dramatically over the last5-10 years. Obviously, RVN ERA vets are getting older and sicke,r and we have been in two long and bloody wars. I think TDIU is an issue that sticks in the VA's throat. It is somewhat subjective as are many VA ratings. It is hard to produce absolute proof that you are unemployable. My advice to ward off reductions is to stay in treatment and take your meds.

I totally agree with John999..

Mental conditions are based on the subjective interpretaton of your mental health condtion by the psyciatrist or psychologist,or LCSW.

If a Veteran is in therapy, either group, individual or both, there are ongoing treatment notes to support the "working" diagnosis as well as justifcation of the disability compensation for which the Veteran is being paid a monthly benefit.

I would recommenend anyone who receives compensation for a mental health condition, maintain regular therapy and doctor's appts. to document the need for the disability rating decision, to justify your compensation benefit, and to stay as mentally healthy as possible. Since mental conditions are primarily subjective and require the interpretation of the examiner, the lack of treatment documentation could justify a reduction in your disability rating, if VA decides to take a re-look at Veterans with diagnosis of mental health disabilties. Just like any other disability or illness, the VA looks at it as, "if you don't have treatment for it, the condition must not have bothered you". I don't agree with that statement, but it is how it is perceived by VA doctor's and RVSRs who decide ratings.

We do not know what the future holds, but in my opinion, I perceive the VA taking a relook at PTSD and all anxiety diagnosis sometimes in the future. It's hard totake benefits away from a Veteran who lost a leg or arm, but it's not so hard to take away benefits for mental anxiety that is not visable. just saying like it is, or could be if the Congress decides there is too much being paid for Veteran's subjective mental health conditions. -IMO

Edited September 11, 2013 by harleyman

[john999]

If you go to CAVC website there is a case Pirkl v Shinseki that involves a CUE case for reduction of a 100% rating in 1952 that finally went to federal court where the widow got a remand. The vet had his 100% improperly reduced via just one exam. He fought this off and on until his death when his spouse took over and kept fighting. The vet was 100% for schizophrenia and the VA reduced him three times to 10%. This case is over 60 years old and the vet did not live to see a partial win.

[rpowell01]

john999 wow thanks I was just working on this same thing in my hearing letter I will be presenting during the hearing along with all my exhibits. See the VA Regional Office messed up big time because they wrote in a 2011 addendum to the C&P examiner back then that I actually have been diagnosed with DJD....You don't get healed in two years from DJD and we all know it never heals.. Also, how I am submitting evidence that shows that from Sept 2011 to around August 2012 I had three C&P exams and none of them ever showed my issues were "getting better" and actually showed my issues were getting worse.

Thanks to Carlie this reads: 38 C.F.R. § 3.344© reads “Disabilities which are likely to improve. The provisions of paragraphs (a) and (b) of this section apply to ratings, which have continued for long periods at the same level (5 years or more). They do not apply to disabilities, which have not become stabilized and are likely to improve. Reexaminations disclosing improvement, physical or mental, in these disabilities will warrant reduction in rating” ...

What happened was that the Regional Office never pulled my records from James A. Haley MC so the C&P Examiner did not have those records. So, under 38 C.F.R. 4.2 (2007) establishes that it is the responsibility of the rating specialist to interpret reports of examination in light of the whole recorded history, reconciling the various reports into a consistent picture so that the current rating may accurately reflect the elements of disability present. These provisions impose a clear requirement that VA rating reductions, as with all VA rating decisions, be based upon review of the entire history of the veterans disability. . . . Furthermore, 38 C.F.R. 4.13 (2007) provides: When any change in evaluation is to be made, the rating agency should assure itself that there has been an actual change in the conditions, for better or worse, and not merely a difference in [the] thoroughness of the examination or in use of descriptive terms.

The best investment I have gotten was the Veterans Benefit Manual somebody sold to me. If some of these VA advocates would just read this book I bet you my paycheck more and more vets would be approved for their claims. On top of this, there is no need of an attorney at the BVA level, everything is written in this book. You just have to have a legal mind.

Ever since May, one week after I receive a copy of that C&P exam, I have gather evidence and trust me there are plenty of government medical websites that gives you everything in detail. Example: the C&P Examiner stated that I had "degenerative changes" shown on an MRI but I don't have arthritis. HELLO degenerative changes is Spondylosis which is also known as Degenerative Joint Disease which are the same thing as Osteoarthritis.

The Regional Office thinks they can just change my current diagnosis and reduce my benefits but under hte 38 CFR they are NOT allowed to do this. Plus, one of my disagreements in my NOD is that my Osteoarthritis is the worse of the two DDD and Osteoarthritis and its the Osteoarthritis causing me to have radiculopathy in my arms and legs. This is why the surgeon just told me today they will NOT do surgery on me.

I have sufficient amount of evidence to disprove the C&P Examiner. This is something I haven't done on my claims and I am paying for it until my NOD hearings. I waited after the C&P exam to get diagnosis from the VA even though Dr. Bash already diagnosed me. Fool me once but never again VA.

BTW my reduction hearing is October 3rd so I pray Dr. Bash gets me those DBQ forms this week or next week. If he doesn't then you all heard it here first!!!!

Edited September 11, 2013 by rpowell01