Does This Mean I Am Going To Get Reduced?

[vet201060]

VA Benefit Information

Summary of benefit information You have one or more service-connected disabilities: Yes Your combined service-connected evaluation is: 80% You are not considered to be permanently disabled due to your service-connected disabilities at this time because your case is scheduled for review on: June 01, 2015 You are not considered to be permanently disabled due to your service-connected disabilities at this time because you are scheduled for a future reduction in rating on: June 01, 2015

Does this mean I am gonna get a reduction? I have only had my initial rating since 2006. Just wondering if this is normal or are they planning to do an automatic reduction? It did not copy and paste correctly. I copied this from ebenefits.

Edited March 6, 2014 by vet201060

[USMC_HVEQ]

have no fear motivator,

it's essentially just the review date. They are optomistic they will reduce your benefits, not something that may or may not happen. It will depend on your symptoms and treatment notes, as well as time from last exam to next exam. they dont care about anything but that period of time, so to speak. SSDI, minimum reevaluation upon being granted could be like mine (3yrs). Mental conditions they tend to have 2 yrs tops in between reevaluations at VA...I've been connected since 07, backdated to 05. Had exams in 07, 09, 11, 13

[71M10]

When that note was showing in ebennies for me I printed it. Nothing like a written statement from the VA indicating they are going to reduce you before they even do an exam(which is not allowed). I then sent an IRIS message requesting an explanation as to how they can indicate they are going to reduce me even before an exam has been requested. There responses were almost more damning to the VA than the initial error. they did end up getting that off of my benefits letter. But I still have a copy of everything!

[namv68]

I have a sc for cad @ 100% due to AO have had this temp rating for over 12 years and the varo started trying to reduce me since february of this year. I am now 68 years old and have other sc disabilities that i have just put in for increases.

So far i have had one C&P examine by a NP took 10 min and now they sent a letter that states they are proposing to reduce me to 30% from 100%. I asked for a hearing at the varo a couple weeks ago. Man this is stressful, going to see my heart Dr for an evaluation and Nuclear med stress test next week. good luck to you

[Philip Rogers]

vet 201060 - You are somewhat protected, because you've had it over 5 yrs. The VA can reduce up until 20 yrs but need to follow a strict procedure. They need to advise you of their intent to reduce, prior to the reduction, and give you a hearing option for you to appeal. Just be sure to read everything they send you, make all your appointments and you should be okay. jmo

pr

[carlie]

http://www.ecfr.gov/cgi-bin/text-idx?SID=329aa35cedb6816aad79231d58e2b3f7&node=38:1.0.1.1.4.1.66.143&rgn=div8

§3.344 Stabilization of disability evaluations.

(a) Examination reports indicating improvement. Rating agencies will handle cases affected by change of medical findings or diagnosis, so as to produce the greatest degree of stability of disability evaluations consistent with the laws and Department of Veterans Affairs regulations governing disability compensation and pension. It is essential that the entire record of examinations and the medical-industrial history be reviewed to ascertain whether the recent examination is full and complete, including all special examinations indicated as a result of general examination and the entire case history.

This applies to treatment of intercurrent diseases and exacerbations, including hospital reports, bedside examinations, examinations by designated physicians, and examinations in the absence of, or without taking full advantage of, laboratory facilities and the cooperation of specialists in related lines.

Examinations less full and complete than those on which payments were authorized or continued will not be used as a basis of reduction. Ratings on account of diseases subject to temporary or episodic improvement, e.g., manic depressive or other psychotic reaction, epilepsy, psychoneurotic reaction, arteriosclerotic heart disease, bronchial asthma, gastric or duodenal ulcer, many skin diseases, etc., will not be reduced on any one examination, except in those instances where all the evidence of record clearly warrants the conclusion that sustained improvement has been demonstrated. Ratings on account of diseases which become comparatively symptom free (findings absent) after prolonged rest, e.g. residuals of phlebitis, arteriosclerotic heart disease, etc., will not be reduced on examinations reflecting the results of bed rest. Moreover, though material improvement in the physical or mental condition is clearly reflected the rating agency will consider whether the evidence makes it reasonably certain that the improvement will be maintained under the ordinary conditions of life.

When syphilis of the central nervous system or alcoholic deterioration is diagnosed following a long prior history of psychosis, psychoneurosis, epilepsy, or the like, it is rarely possible to exclude persistence, in masked form, of the preceding innocently acquired manifestations. Rating boards encountering a change of diagnosis will exercise caution in the determination as to whether a change in diagnosis represents no more than a progression of an earlier diagnosis, an error in prior diagnosis or possibly a disease entity independent of the service-connected disability. When the new diagnosis reflects mental deficiency or personality disorder only, the possibility of only temporary remission of a super-imposed psychiatric disease will be borne in mind.

(b) Doubtful cases. If doubt remains, after according due consideration to all the evidence developed by the several items discussed in paragraph (a) of this section, the rating agency will continue the rating in effect, citing the former diagnosis with the new diagnosis in parentheses, and following the appropriate code there will be added the reference “Rating continued pending reexamination ___ months from this date, §3.344.” The rating agency will determine on the basis of the facts in each individual case whether 18, 24 or 30 months will be allowed to elapse before the reexamination will be made.

c) 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.

[26 FR 1586, Feb. 24, 1961; 58 FR 53660, Oct. 18, 1993

You can also go to the BVA web site and pt in the condition/s you are SC'd for and protected ratings -

to look at some decisions that were made on reductions or improper reductions.

http://www.index.va.gov/search/va/bva.html