Va Error Reduce Compensation

[SGT K]

I’m request assistance with a recent request of benefits for sleep Apnea that turn out to be a reduction in benefits for sleep apnea. See my letter below from VA, I would appreciate any and all information that will help my case. They also said I filed an 1151, I never field this form, I just found out what it means.

The VA Letter

Therefore, the separate rating evaluation for obstructive sleep apnea is proposed to be terminated. It is proposed to terminate the separate service connection for obstruction sleep apnea and to combine this disability under the greater evaluation for occupational induced asthma. Your combined total evaluation for service connected disabilities prior to this decision is 90percent disabled. Your combined total evolution after this decision will be 80 percent disabled.

[Pete53]

Welcome to Hadit.

[Philip Rogers]

. First I would request a hearing prior to the reduction. You only have about 21 or 30 days to request it. When was the original OSA claim awarded?? Can you post the decision w/the personal info blacked out?

pr

[SGT K]

Thanks for the info, I have until the 14 May to make an appeal.

[SGT K]

All see below letter;

You were previously granted a separate rating evaluation for obstructive sleep apnea, whic

was a clear and unmistakable error. Please see the information at the end of this letter

concerning our proposal involving this error.

Clear and unmistakable errors are errors that are undebatable, so that it can be said that

reasonable minds could only conclude that the previous decision was fatally flawed at the

time it was made. A determination that there was clear and unmistakable error must be based on the record and the law that existed at the time of the prior decision. Once a determination is made that there was a clear and unmistakable error in a prior decision that would change the outcome, then that decision must be revised to conform to what the decision should have been.

Your overall or combined rating remains 90%. We do not add the individual percentages of each condition to determine your combined rating. We use a combined rating table that considers the effect from the most serious to the least serious conditions.

We have enclosed a copy of your Rating Decision for your review. It provides a detailed explanation of our decision, the evidence considered, and the reasons for our decision. Your Rating Decision and this letter constitute our decision based on your claim received on September 12, 2013. It represents all claims we understood to be specifically made, implied, or inferred in that claim.

[Philip Rogers]

Would you please post the VA's diagnostic codes that they used and the percentages awarded for each, so I can look them up. Thanks!

pr

[Berta]

I would like to see their reasons and Bases too and

ANYTHING they said regarding this:

"They also said I filed an 1151, I never field this form, I just found out what it means."

There is no 1151 VA 'form'.

Section 1151 claims are usually initially just a letter from the claimant. Sometimes, maybe the VSOs have a specific template for it ,that their orgs prepare.)