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Question About Proposed Reduction While In Appeals

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qwiksting

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I have a question, if anyone has had this happen or know the answer. I have looked all over this board for an answer, and I looked in the CFR for the regulation or law for an answer but I figured there was so much knowledge and experience here I would ask. I just couldn't find the answer.

If a claim for increase was denied at the RO, and a timely NOD was filed, the veteran would get a SOC and an option to appeal to the DRO or straight to the BVA. If in the process of the appeal at either one, can the VA propose a reduction in rating of the item that went to the appeals process.

Edited by qwiksting
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I think I found it, but maybe someone can chime in

§19.53 Restriction as to change in payments pending determination of administrative appeals.
If an administrative appeal is taken from a review or determination by the agency of original jurisdiction pursuant to §§19.50 and 19.51 of this part, that review or determination may not be used to effect any change in payments until after a decision is made by the Board of Veterans' Appeals.

I don't think this is the answer either….

Edited by qwiksting
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This is a good question. i have always thought you could not have a rating percentage lowered that you have appealed(within the appeal process that is). I did a quick look and could not locate where it is written (this always makes me nervous).

I will look into it further unless someone else can point us to the appropriate document, section and sub-section?

Edited by 71M10
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