Advice On Va Reduction Letter

[YellowGTO]

Hey guys this is my first post so I hope I have it in the right area :)

I was rated at 80% and in March I got a letter saying I scheduled an appointment for my back and that I had an appointment. I never asked the VA for an appointment, so I called up the office and told them I didn't request and appointment. I got transferred all around the hospital and after an hour of so I got disconnected and forgot to call back the next day. Today I got a letter saying they are dropping one of my claims to 0 percent "Thoracolumber spine". Now im worried that if I fight this they are going to reopen all of my medical cases and make me come in for all these tests like they did the first time.

Info on my disabilities. My back is still injured but I switched my profession to a desk job so I didn't keep aggravating my back. I require no doctors appointments because I changed my lifestyle, but if I do lift something heavy or bend my back too far it starts to hurt again.

Basically i'm asking if I fight the VA on this 10% drop now are they going to force me to drive to the VA over an hour away a million time to get all of my other claims reevaluated.

[jbasser]

The VA has a right to review, examine your claim at anytime. One should never miss an exam as the VA takes that the wrong way and the RO starts the reduction process.

You are going to have to write a NOD to challenge this issue. You will have top go for an exam so they can re evaluate your back.

This is a game. The VA makes the rules as they go so dont miss an appointment unless there is a medical emergency.

They love to play takeaway. It is one of their favorite games.

Hang in there. Basser

[YellowGTO]

Hey guys, I need a little advice.

I got a letter from the VA asking me if I want to fight my 10% drop in my claim for my lower back. If I fight this does it open up my entire medical record claim to be reviewed? The VA is over an hour from my house and I just can't afford to take the time off from work to do another entire evaluation of my medical claims! When I did this the first time it was approx a dozen visits to the doctor.

[Navy04]

I agree with advice given above bud. I go to 3 different VAs 3 to 5 days a week and they are all over 200 miles round trip. I can no longer drive, so my Wife or my friend takes me. It is very hard on my body and some days we leave my House at 4am and get home at 7pm at night. Even when I am sick, I do not miss any appointments as I do not want to give the VA any reason to try and take my 100% away. We go thru far too much as it is, just to have the VA reduce are %s in Two Shakes of a Fierce Fist. Good luck and keep us updated.

[Philip Rogers]

The VA can review at anytime, as stated previously. If you don't fight it they will reduce you and maybe even try to reduce something??? If you don't mind losing it, don't fight it. The choice is yours.

pr

[lotzaspotz]

If you have at least 50 employees at your location, have worked at least 12 months for at least 1,250 hours during the last 12 months, you can protect yourself from job loss under intermittent Family Medical Leave. My husband did exactly that when he was working full-time whenever he was called in for C&P appointments for his back, and any other VA appointments. FMLA gives you 12 weeks per year, which should more than cover the situation. You have a chronic health issue that is disabling enough to be rated service connected by the VA, and FML is your right under federal law if the criteria apply to your situation.

Edited September 17, 2014 by lotzaspotz (see edit history)

[carlie]

Hey guys this is my first post so I hope I have it in the right area :)

I was rated at 80% and in March I got a letter saying I scheduled an appointment for my back and that I had an appointment. I never asked the VA for an appointment, so I called up the office and told them I didn't request and appointment. I got transferred all around the hospital and after an hour of so I got disconnected and forgot to call back the next day. Today I got a letter saying they are dropping one of my claims to 0 percent "Thoracolumber spine". Now im worried that if I fight this they are going to reopen all of my medical cases and make me come in for all these tests like they did the first time.

Info on my disabilities. My back is still injured but I switched my profession to a desk job so I didn't keep aggravating my back. I require no doctors appointments because I changed my lifestyle, but if I do lift something heavy or bend my back too far it starts to hurt again.

Basically i'm asking if I fight the VA on this 10% drop now are they going to force me to drive to the VA over an hour away a million time to get all of my other claims reevaluated.

As already posted VBA can re-evaluate at any time, one of your SC'd issues,

or all of them.

If you want to fight the reduction and don't want to travel all the way to the VAMC

I suggest, you go get private medical care.

I believe if you read through your old rating decision that granted SC for your back at 10%,

it will state exactly why the 10% was warranted.

Most likely due to range of motion.

So, if you go to a private doctor and they will write you an opinion that continues

the prior DX and measure your ROM, you can submit this to VBA for their consideration.

Even doing this they may still decide to do a re-evaluation.

jmho

[Vync]

I had the VA reduce one of my ratings in error. I get medical treatment at the VA and also from non-VA doctors. I submitted the non-VA medical records and release authorization along with my disagreement. This evidence was listed in the decision letter, but the VA flat out ignored it and reduced one of my ratings. It took a while to get it all sorted out, but in the end, the DRO looked me in the eye and sincerely apologized. They the DRO stated the person who worked my claim "was stupid for doing this".

Bombard the VA only with evidence in your favor, like:

- Non-VA medical records

- Buddy letters from friends/family

- Prescriptions

- Pain/limitations diary

- Letters from docs excusing you from work

[Gastone]

YellowGTO: What IF, unbeknownst to you, your SC condition has worsened. Go to your immediate supervisor and explain the need to comply with the VA appointments. This isn't 1969, it's now popular to be a MARINE again.

Your 80% SC, that in of itself indicates a serious disability picture. With the current VA scrutiny, you should be able to get a referral to a non-VA Physical Rehab location and a Orthopedic MD or DO in your residential area. Compare their findings with the 38 CFR 4, you may be do an increase. Get a DBQ from either the Non or VA Orthopedic Dr. You can't let them take anything away without a fight. I may have missed it, did you discuss this reduction with your VSO Rep? What did he recommend?

Semper Fi

Gastone