ptsd Proposal To Reduce-Request A Hearing Before Sending Evidence?

[AFmedic26]

Good morning everyone,

First off, I'm completely new here, but I've spent the last couple of weeks combing this great site and found a bunch of really helpful information. Though there's something regarding my situation I haven't seen anyone else ask yet, as far as a Proposed Reduction goes:

Can I send in a letter requesting a hearing before I send in another letter stating I disagree with their decision with the evidence to support why?

They're proposing to reduce my service connection for PTSD due to MST from 100% down to 30%.

The reason I ask is because I read in the decision letter that I have 30 days to request a hearing, where theyll continue my scheduled payments until they schedule a hearing and make a decision at that hearing. If I don't make it in within 30 days, I can still ask for a hearing, but they will reduce the payments to the proposed rate......

I would send it all at once, but I could use some more time to compile my evidence, being that I have 60 days to send in evidence.

Also, would anyone happen to know of or have a sample of what those letters should look like?

Any advice or insight is welcomed and very much appreciated. Thanks in advance!

[AFmedic26]

Thank you all so much for replying. I am sorry I didn't respond to your advice sooner. When I saw what Philip wrote, I figured my priority was to take care of the business at hand first. I took your advice, Philip and drew up a letter today. I spent the majority of the day trying to find a way/place that I could send it out, but since I live in such a rural area, I wasn't able to find anything in time, unfortunately. I'll have it out 1st thing Monday morning…overnighted. I afraid I've been held up too long trying to get my evidence in order thinking I had to send it all together.

As far as the history of the rating, the 100% SC for PTSD with major depression and substance abuse was effective since March 28, 2008. The rating decision was made on May 27, 2009.I got the appointment letter, then (2 weeks later) went to the C and P exam on June 4, 2014. The proposal letter is dated June 17, 2014…exactly 5 years from the original award letter, June 17, 2009. I didn't receive the letter until a week later.

Navy04 I have been on a bunch of different meds non stop for years and the VA has been my only source of medical treatment. I've been seeing and keeping my appointments with my psych. I also went through a CBT group since I've had the 100%. I got the appointment letter, then (2 weeks later) went to the C and P exam on June 4, 2014. Stretch, I thought I was permanent and total, bc I have a letter saying it, but I am not sure if it means what I thought it means. I have not been able to work and I am not 65 or older.

Carlie, thank you so much for all of your advice. I will make sure to do what you've suggested. Could you clarify what you meant on the last part of your post? ("Editing to add-")

I apologize for not responding within your expected time frame "Slowlane", like I said I am completely new to this forum stuff, so I'll work on that. Next time I ask a question, I'll have to remember that the reply police might be watching . Respectfully, I was taking the advice of the other forum members, as well as trying to take care of my father who recently got out of the hospital.

Thanks again to everyone kind enough to give their time and give their advice. I feel a bit of weight lifted.

[carlie]

Thank you all so much for replying. I am sorry I didn't respond to your advice sooner. When I saw what Philip wrote, I figured my priority was to take care of the business at hand first. I took your advice, Philip and drew up a letter today. I spent the majority of the day trying to find a way/place that I could send it out, but since I live in such a rural area, I wasn't able to find anything in time, unfortunately. I'll have it out 1st thing Monday morning…overnighted. I afraid I've been held up too long trying to get my evidence in order thinking I had to send it all together.

As far as the history of the rating, the 100% SC for PTSD with major depression and substance abuse was effective since March 28, 2008. The rating decision was made on May 27, 2009.I got the appointment letter, then (2 weeks later) went to the C and P exam on June 4, 2014. The proposal letter is dated June 17, 2014…exactly 5 years from the original award letter, June 17, 2009. I didn't receive the letter until a week later.

Navy04 I have been on a bunch of different meds non stop for years and the VA has been my only source of medical treatment. I've been seeing and keeping my appointments with my psych. I also went through a CBT group since I've had the 100%. I got the appointment letter, then (2 weeks later) went to the C and P exam on June 4, 2014. Stretch, I thought I was permanent and total, bc I have a letter saying it, but I am not sure if it means what I thought it means. I have not been able to work and I am not 65 or older.

Carlie, thank you so much for all of your advice. I will make sure to do what you've suggested. Could you clarify what you meant on the last part of your post? ("Editing to add-")

I apologize for not responding within your expected time frame "Slowlane", like I said I am completely new to this forum stuff, so I'll work on that. Next time I ask a question, I'll have to remember that the reply police might be watching . Respectfully, I was taking the advice of the other forum members, as well as trying to take care of my father who recently got out of the hospital.

Thanks again to everyone kind enough to give their time and give their advice. I feel a bit of weight lifted.

Do you have any additional service connected medical conditions other than the 100%

for PTSD ?

[john999]

I am pretty sure you are supposed to be at the hearing for reduction. No excuses as to not being able to get there are going to help you. Be there with your evidence like an IMO. If you don't get care for your PTSD at the VA or a vet center I would start getting it. If they prescribe meds take them. Many vets get their 100% and just stop going for treatment. Unless you are P&T and over 55 and have been 100% for at least five years this is a mistake. I am 64 P&T and I still go to the VA about my conditions. I am not taking any chances with them saying I recovered because they have no treatment records in front of them. If you can only make it to the VA every 3 months that is enough to keep you in the game. Compensation is not an old age pension. If they VA has reason to think you have improved they can do what they are doing to you now to me or anyone else.

John

[AFmedic26]

Hi Carlie, Yes I do, I'm 10% for L-5, S-1 back injury. I got that rating back around '05. I've had back surgery since that rating.

John, I agree, I'll make sure I'm at the hearing. I contacted IAVA's RRRP (Rapid Response Referral Program) and they put me in touch with NVLSP, (National Veterans Legal Service Program). NVLSP has a program thats helping people with MST related PTSD claims that have been denied, for free. I put in an application with them and I'm waiting to hear back from them. I've got a case manager with IAVA that's helping point me in the right direction of an outside therapist. Do IMO's help more than my VA doc's Medical Opinion? Also, I know I've had this rating for more than 5 years, so from what I understand, they have to follow a certain protocol for that too right?

[carlie]

AF,

The SMC/S or housebound in fact, would not be applicable to your situation,

if you get an additional +60 % down the road you could think about it then.

In my post I was just trying to cover everything possible for you that popped

into my itty - bitty head :-)

[AFmedic26]

Thanks Carlie, thats good to know. I FedExed the request for a hearing letter this morning, and paid for it to be overnighted to get there by 1030 am, with a signature required. I should get a confirmation email from FedEx when it gets there. I'l make sure I print that out just in case there's any issues with the 30 day requirement to ask for the hearing and have them continue my payments as scheduled unti the hearing testimony is reviewed.

Any advice on getting an IMO (Independent Medical Opinion)? I've only got coverage through the VA. I dont have any other insurance except Part A medicare, which only covers hospitalization. Does the IMO give me a better chance as far as evidence is concerned, compared to just being seen by a VA provider?