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Proposed To Reduce Ratings Discussion....

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rpowell01

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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.

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Rpowell

You know if you persist you will win but meanwhile you have big pay cut. If you do lose after the hearing I think I would find a VA lawyer close to your home and St. Pete VARO. You have to file an NOD in order to hire a lawyer, right? The thing is to get this reduction overturned as soon as possible. You don't want a long learning curve on this. In the CAVC case I mentioned the vet did get the initial reduction thrown out after 60 years, but he was dead. His spouse is still fighting to get retro from 1956 when VA said they correctly reduced the vet yet again. She should win, but she is elderly and may not live long enough to get money.

VA says that even when they make a CUE which sets new starting date for rating that other rating decisions made after the CUE are still valid. This does not make sense for 100% vet.

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I received a draft from Dr. Bash. He apologized for the lateness. After reading it he is showing them that there is a CUE waiting if the Regional Office approves the reduction. Not just one CUE but many. They made a lot of mistake and they are sinking...He is ripping them apart in this letter.

Good news on top of that he did use the new ROM measurements I did on July 2 whenever I flew up there. I know this is what they are looking for. Also, Dr. Bash stated that they didn't even mention my April 2013 MRIs which show severe DDD/OA in both my neck and back...And on top of this the RO nor the C&P examiner even mentioned my radiculopathy in my arms I have. I had TWO EMGs conducted on my arms, one private and one VA. They both came back with the same results, bilateral peripheral radiculopathy/neuropathy. Per DeLuca these issues actually have to be taken into consideration and neither the examiner nor the rater did that.

I don't need an attorney at the BVA level, I know how to write up legal stuff. I worked in law enforcement for a long time....I seen the inside of the court room many times and watched case after case. Plus, I am studying the Veterans Benefits manual which has everything there is to know. Most attorneys utilizes this manual to do their homework.

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