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NamVetJ

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I just received notification that I received 100% disability from the VA. the award isnot permanent, however, but is conditional. As the letter stated, the VA will reevaluate my condition and render another decision on December 1, 2013. I have a couple of questions. If the VA reevaluates my situation and decides to reduce the amount of disability, will be My appeal remain at a hundred percent until my claim's decided. What is the best avenue for appeal?

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  • HadIt.com Elder

No, if they decide to reduce, you must request a hearing within either 21 or 30 days, can't remember which, or the reduction will take place. Failure to request the hearing will result in the reduction. Your only way to delay or stop it is the hearing. They will need another C&P exam prior to reducing you.

pr

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A 'proposed 'reduction is just that... they should not lower or change your comp if you appeal any potential proposed reduction.

But I dont understand this.....

They awarded 100% SC recently yet are going to re evaluate in Dec 2013?.

Dec isn't that far away. And too soon for most re evaluation situations.....

So I assume this regards either surgery , and as temp convalescence rating , or a disability such as a CVA.

Is this a disability that has residuals they rate after a certain point?

Such as a CVA. what I mean is ...they rate most CVAs (major disabling strokes) at 100% for 6 months and then can re evaluate and lower the rating to just cover the stroke residuals.

I have a claim in for that type of situation now and VA does that regarding other types of disabilities too,particularly convalescent situations.

Can you tell us what the 100% was actually awarded for?

And if is was a convalescent rating?

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My dear friend PR was on line same time as me again ,as I typed my reply, and he is right------ you should definitely ask for a hearing if they formally propose to reduce.

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