diabetes All Of A Sudden My Monthly Disability Went Up.

[Greg88]

Hi everyone, I have been a 100% disabled for the last 16 years with diabetes type 1 and it's various complications. I received a Proposal to Reduce on July 22, saying they were going to reduce to 40%, then I received another notice saying I was going down to 70%, I contacted my Congressmen aide back in May asking why things were taking so long to decide my case (never thinking they would want to reduce) the Notice came, I called him back in August, he called the VA in the middle of the month and all of the a sudden I see an Administrative Review on Ebenefits on 8/19, my hearing for the Reduction proposal is later this month, so I check Ebenefits today and my monthly went up to $3073 up from $2973. I find it very strange they would raise and then want to reduce, especially since the hearing is later in the month, anyone have any ideas.

[Philip Rogers]

Greg88 - remember to mention at your hearing that they have violated their own rules by proposing the reduction, as you are somewhat protected from reduction based on your history of 16yrs. After 10 yrs, the VA cannot reduce based on one exam but can only reduce based on the complete history/record and there must be improvement shown. Type 1 diabetes "does not" improve but is managed by taking insulin. Also if they are to reduce, they may not reduce lower than the previous rating, which is why, I feel, they corrected it to 70%, as you may have been at 70% prior to the 100% 16 yrs ago.

I also suggest that you check your VA medical records for any mention of ED, as it could mean a retro claim & award is possible. jmo

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[Greg88]

Phillip, even though the ED started in 2006, I did not mention it to my Dr. (embarrassment more than anything), I spoke to DAV today and they don't fill me with encouragment. Basically they knew nothing about the increase or change in the Reduction. At this point I'm still trying to figure out what to start with at the hearing A., that they misdiagnosed me as Type 2, B. that the CFR says their supposed to show material improvement, C. that the CFR says their supposed to look at the entire history of the disability D. that I've been unemployed for the last 16 years and the CFR says they should have looked at that also before thinking of reducing me. But the main thing is the total lack of a support system going into the hearing, my evidence is overwhelming, to someone who understands whats going it's open and shut, but as Harley says the hearing will be with layman, who don't understand the difference between the two types diabetes. I'm not filled with confidence at this point.

[Philip Rogers]

If you've received a new reduction notice, maybe you should file another hearing request just to protect yourself. I'd refrain from using words like unemployed but better to use "unemployable." Also don't count on your DAV rep. I had one at my SSDI hearing and he knew nothing about my case or the VA rules. I suggest you write everything down so you don't forget, while you're there. They usually allow about an hour for each hearing. jmo

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[Greg88]

I was just wondering does the VA have to show that your condition has improved, I'm scheduled for my hearing later this week, I've got my strong medical evidence. But even if I don't meet all the requirements, don't they have show my material improvement after 16 years at 100%.

[Philip Rogers]

I was just wondering does the VA have to show that your condition has improved, I'm scheduled for my hearing later this week, I've got my strong medical evidence. But even if I don't meet all the requirements, don't they have show my material improvement after 16 years at 100%.

Yes, they are but remember this is the VA and they sometimes don't follow their own rules. I think you're in fairly good shape. jmo

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