New Here And Need Help.

[Cherie33]

Greetings to all...I have been a disabled vet for 12 years and have recently applied for an increase in my rating. When I submitted my claim info, the VA made an appointment for a C & P Exam. I went to the exam and then about a week later, I received a letter that they proposed to decrease my disability rating from 50% to 30%. They told me to submit additional evidence and that a Physician Statement was the best kind. Well, immediately, I visited my Psych doctor and showed him the letter and he was surprised (because he was the one who suggested that I file a claim for an increased rating). Anyway, he wrote a letter, explaining why he felt as if I should have an increase rating and that he thought that I would probably not be able to work again.

I also, had filed a claim of an increase in my other disability of (IBS) currently rated at 10%. They sent me a letter stating that it would remain the same. Of course I didn't go for that either, so I went to my VA Primary Care doctor, and he too wrote a letter explaining why it should be increased.

Now, my question is what do I do next? The VA said in the first letter that I had 60 days to submit additional evidence (which I have already done, with the doctors letters) They told me that they would began the decrease on the first of Nov., however, i called them this morning, and was told that they are considering the new evidence that I just submitted) I also, asked for a hearing, which they scheduled for Nov. 14) However, I actually requested a hearing before I received the letters from my doctors, and submitted it to the VA) I hope that this is all making sence. I am just worried that they are going to reduce my rating..Can anyone offer some advice?

Thanks,

Cherie

[JR Reihs]

One week?........Now that is a record. What RO is your claim with?

If your doc's gave a good rationalized opinion then you should be OK, do you have a SO?

Have you applied for IU?

If you have submitted all medical you intend to use , then all you can do now is wait. You also might want to get a copy of your C- file since you have requested a hearing, you want to make sure that it is complete.

Edited October 24, 2006 by JR Reihs

[Cherie33]

One week?........Now that is a record. What RO is your claim with?

If your doc's gave a good rationalized opinion then you should be OK, do you have a SO?

Have you applied for IU?

If you have submitted all medical you intend to use , then all you can do now is wait. You also might want to get a copy of your C- file since you have requested a hearing, you want to make sure that it is complete.

JR, my claim is with St. Petersburg, Fl, and yes, I do have a SO (DAV). I hate to sound ignorant but what is a C-file? Sorry, I'm not that savy with VA terms. How would the hearing help me, anyway?

Cherie

[Cherie33]

Dear Veteran

The VA wants to cut you now so you appeal on your time and money. File a NOD and then ask the court for an emergency injuncton to stop the VA until the appeal matter can be decided.

Terry Higgins

Hey Terry,

I did file a NOD, and the VA replied with the NOD was premature, because they were only proposing to decrease my rate. However, I sent them additional evidence (a doctors letter from my Psych doc and Primary care doc). So, now I am waiting..I asked for hearing and for them not to make a decision until I have an opportunity to have a hearing..But, that was before I had any doctors notes to submit..So, I'm not sure if the doctors note would be enough or will I still need to attend the hearing.

[carlie]

Cherie,

Several of us here also use the St.Pete RO -- it sucks, as far as doing their job properly that is I mean, they don't follow their rules and regulations.

They surely must enjoy watching vets dance to their tune over and over

but this is only my opinion.

If you do have a hearing scheduled for Nov, make sure you attend. Take copies of the most recent and important evidence with you that pertains to the support of granting your benefits. You can leave the copies with the C&P examiner.

You could also print out a copy of the rating schedule that pertains to the

specific rating your conditions fall under and are supported by current evidence.

I don't think VA can reduce your benefits while you have a NOD and/or appeal

pending.

Here's some info. you might want to study. Good luck.

carlie

http://ecfr.gpoaccess.gov/cgi/t/text/text-.../38cfrv1_02.tpl

http://www.warms.vba.va.gov/M21_1MR.html

[Vike17]

Cherie33,

If you requested your hearing within 30 days of the purposed reduction, then VA cannot reduce your rating unitl you've had the hearing, no matter how long it takes to have that hearing.

The VA was correct in not accepting your NOD. A purposal to reduce is just that, a purposal and not an actual rating decision reducing any benefits. If you have already submitted all the medical evidence that you mentioned, then all you have to do is just wait it out. The VA will consider the new evidence you sent them and make another determination shortly.

If the VA still decides to reduce your rating by actually sending a such rating, you still have the oppurtunity to file a NOD within one year of that rating.

Vike 17

[john999]

Cherie33

That is a record for speed from the St. Pete RO. What were the reasons for the proposed reduction in rating? I just have never heard of them doing something like that but since I also use the St. Pete RO my ears are pricking up. They never send you notice of a proposed increase. Did they say your symptoms had improved and what objective evdience did they have for that opinion? I agree with others that if you are unemployed to go for IU and never look back. They are sending us all a message. When you are IU and get more than five years under your belt it is much harder to reduce. I think they know where you are going and want to head you off. I think you are part of the tidal wave of disability claims the VA sees coming at them, and that these are the kinds of dirty tricks they will use in the future. Maybe some really sick vets won't be able to muster up the reserves to fight back and they get cut.