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63SIERRA

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Ok listen to what these fockers are doing. I was recently awarded a total of 70 percent due to a diagnoses of depression at 30 percent in addition to 2 other conditions

I filed for TDUI a while back as well. Upon getting my rating decision, they said that they did not refer my claim to the director of comp and pension because they believe that one of my contentions which I am presently rated at 40 percent for will be lowered to zero. Now keep in mind I have not even been giving the opportunity to contest the reduction, and they have made a present decision to deny TDUI based on a future decision that is months away from being finalized. I have the right to a hearing, to submit additional evidence, ect, yet they have jumped the gun and are feverishly searching for a way to knock my comp down below 70 percent so they dont have to pay TDUI.The va will break the law and disregard regulations in order to deny claims. I havent even recieved my first check for the 70 percent I was awarded, and they have basically already told me they plan to reduce me to 50 percent. It is clearly a constant effort on thier part to keep me below the 70 percent which will grant me the tdui as I havent been able to hold gainful employment for a year and as half.

I wrote them and informed them that they cannot make a present decision based on possible future outcome of a claim that has not been decided yet.

They were not interested in reducing my claim for 40 percent which Ive had for right at 10 years until I applied for the other contentions and the TDUI. It is all a numbers game. I am now in belief that the disabilities a vet suffers from doesnt really matter to the VA. They want to obtain a static amount of claims at constant levels, like so many 40 percent, so many 50, so many 60 and so on. Also though they arent supposed to they take your age into account. I believe it is harder for younger vets to get compensation because they look at the long term numbers . Take a 45 year old vet, pay them at 100 percent rate for another 40 years. thats alot of money and they just dont want to pay it.

Let me tell you how non chalant they regional offices are. they actually wrote in my denial letter for TDUI that the reason they denied me even though I was eligible at the 70 percent rate currently is that they plan to reduce me in the future.

they will go to any means possible to deny if they have a wild hair up thier asses and want to deny you.

Edited by 63SIERRA (see edit history)
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Ok listen to what these fockers are doing. I was recently awarded a total of 70 percent due to a diagnoses of depression at 30 percent in addition to 2 other conditions

I filed for TDUI a while back as well. Upon getting my rating decision, they said that they did not refer my claim to the director of comp and pension because they believe that one of my contentions which I am presently rated at 40 percent for will be lowered to zero. Now keep in mind I have not even been giving the opportunity to contest the reduction, and they have made a present decision to deny TDUI based on a future decision that is months away from being finalized. I have the right to a hearing, to submit additional evidence, ect, yet they have jumped the gun and are feverishly searching for a way to knock my comp down below 70 percent so they dont have to pay TDUI.The va will break the law and disregard regulations in order to deny claims. I havent even recieved my first check for the 70 percent I was awarded, and they have basically already told me they plan to reduce me to 50 percent. It is clearly a constant effort on thier part to keep me below the 70 percent which will grant me the tdui as I havent been able to hold gainful employment for a year and as half.

I wrote them and informed them that they cannot make a present decision based on possible future outcome of a claim that has not been decided yet.

They were not interested in reducing my claim for 40 percent which Ive had for right at 10 years until I applied for the other contentions and the TDUI. It is all a numbers game. I am now in belief that the disabilities a vet suffers from doesnt really matter to the VA. They want to obtain a static amount of claims at constant levels, like so many 40 percent, so many 50, so many 60 and so on. Also though they arent supposed to they take your age into account. I believe it is harder for younger vets to get compensation because they look at the long term numbers . Take a 45 year old vet, pay them at 100 percent rate for another 40 years. thats alot of money and they just dont want to pay it.

Let me tell you how non chalant they regional offices are. they actually wrote in my denial letter for TDUI that the reason they denied me even though I was eligible at the 70 percent rate currently is that they plan to reduce me in the future.

they will go to any means possible to deny if they have a wild hair up thier asses and want to deny you.

Congrats on 70%.

So, so far there has been no reduction, nothing to contest at this point.

How about posting the Reasons and Bases Section verbatim.

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thanks Carlie, what the main issue is is they said look,, you have won the 70 percent rating based on present disabilities . At that point I was automatically eligible for at least being CONSIDERED for TDUI which I had previously filed. Yet what they did, instead of refering my case for review they said no, we are not even sending it for review. We are going to try and lower one of your ratings to 0, and then lower your overall rating to 50 percent. They are supposed to follow the law and not make future projections in order to deny me what Im due TODAY. I had they right to have my claim considered for TDUI . It doesnt matter if I got approved or not, its the fact they choose to not follow the laws or due processes. Every shinanigan they pull on me, im calling them on it. In order to lower compensation ,especially a stabilized condition over 5 years, and im at 10, they must give me an examination at least as comprehensive or more comprehensive than the one used when I was initially diagnosed and found service connected. They have done none of that. They just want to do whatever they want to do, when and how they want to do it. They also must look at your overall health condition and how it has affected you, and how it all comes into play. Hell I havent even got my first check for the 70 percent rate, and they are shoving proposal to reduce letters up my ass.

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That's also the rub sometimes when a claim is filed. Other conditions can be looked at. I've seen a guy get a 70 for PTSD. When he would have been lucky to get 30. Then files a claim for IU. They do the increase exam and vet states he has no continual treatment for PTSD. And he isn't even taking meds for PTSD. Well it was proposed to reduce and he was dropped to 10. The rater initially was generous to give the guy 70.

Saw a claim today where vet was 100% for lymphoma and they proposed to reduce to 10. Couldn't believe it. He was at 100 but filed for something else. They saw his lymphoma had improved (don't see how) and now he is going to lose his 100%

Sorry to see you going through this. Hang in there!

Edited by JT24usn (see edit history)
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thanks Carlie, what the main issue is is they said look,, you have won the 70 percent rating based on present disabilities . At that point I was automatically eligible for at least being CONSIDERED for TDUI which I had previously filed. Yet what they did, instead of refering my case for review they said no, we are not even sending it for review. We are going to try and lower one of your ratings to 0, and then lower your overall rating to 50 percent. They are supposed to follow the law and not make future projections in order to deny me what Im due TODAY. I had they right to have my claim considered for TDUI . It doesnt matter if I got approved or not, its the fact they choose to not follow the laws or due processes. Every shinanigan they pull on me, im calling them on it. In order to lower compensation ,especially a stabilized condition over 5 years, and im at 10, they must give me an examination at least as comprehensive or more comprehensive than the one used when I was initially diagnosed and found service connected. They have done none of that. They just want to do whatever they want to do, when and how they want to do it. They also must look at your overall health condition and how it has affected you, and how it all comes into play. Hell I havent even got my first check for the 70 percent rate, and they are shoving proposal to reduce letters up my ass.

This is why I asked if you could post the Reasons and Bases verbatim.

Some of the verbiage above might read just a tad different and posting it

verbatim would be needed to form a plan of action.

I am a bit familiar with the laws and regs to include static conditions and

due process.

So far I don't see where a proposal to reduce has taken place.

Please post the Reasons and Bases Section when you can.

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Carlie here it is

Keep in mind the same day they wrote this they awarded me 30 percent for depression which brought my schedular rating to 70 percent. Also I have written proof that they were told I have not worked in a year and a half. The mental exam also states that the depression , chronic sleep disorder, ect does affect my ability to work, it doesnt say prevent but affects.

Thanks for posting this part of the decision.

So, is this separate from the decision that granted the 30 %, or within the same

decision.

Have you been able to get copies of the C&P exam/s and compare what the examiner

actually stated, to what's stated in the decision ?

Many times the decision maker leaves out very important narratives from the exam.

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its within the same decision same packet .

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