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Cherie33

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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

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"I am currently 50% Major Depression with Psychotic Features (But doctor stated in letter to VA, that I have developed schizoeffective disorder symptoms, independent of my current disability) And I have 10% IBS (I am also try to get this on increased to ...."

Can the doctor fully associate the schizophrenic disorder to the SC depression Cherie-even though he said it is "independent " disability? (for secondary Service connection?)

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Cherie33

If you are unable to work due to your service connected disability you fill out the IU form and send it in as soon as possible. You can just write a letter and ask for IU without filing out the form to establish the earliest effective date. You can download the IU for from Hadit.

John999,

I was wondering...Now at this point I am trying to establish the fact that my disability has worsen and has not gotten better. Eventhough, I am waiting for them to review the newest evidence that I submitted (from my doctors) and I have to appear at a hearing on Nov. 14, I can still file for IU? How would I qualify for that? And one other ignorant question, What exactly is IU (I know what it stands for) but what other benefits are you eligible for once you have an IU rating?

Cherie

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"I am currently 50% Major Depression with Psychotic Features (But doctor stated in letter to VA, that I have developed schizoeffective disorder symptoms, independent of my current disability) And I have 10% IBS (I am also try to get this on increased to ...."

Can the doctor fully associate the schizophrenic disorder to the SC depression Cherie-even though he said it is "independent " disability? (for secondary Service connection?)

Hey Berta,

Forgive me if I don't quite "get it" sometimes...But allow me to quote. The doctor stated "I feel that she is deserving of an increased SC rating >50% as I suspect she has developed a chronic psychotic process independent of her depression, more consistent with schizoaffective disorder, and will probably never be able to work again." Unquote.

So, I'm not sure of your question...What do you gather from what the doctor says?

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Cherie33

IU is individual unemployablility. All it means is you can't work because of your SC. I think the doctor is saying you deserve an increased rating and if you are not working you should file for IU right away.

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Cherrie33,

I echo what has been said, you cannot be reduced on one c/p exam if you have service connection for 5 or more years.

At this point you have done what you need to do to protect your present rating. Go to the review and bring your doctors statements with you just in case the reviewers state they are not in your c/p file. It sounds to me that your doctor has already indicated you cannot work, if this is so get him to put in in writing and file for TDIU. In addition submit a claim for the schizophrenic disorder as secondary to the SC depression, if your doctor stated that the disorder is caused by the depression.

Submit the new claims yesterday (ASAP) because if awarded the awards date will depend on the date you submit the claim.

Hi Rickb54,

If the VA knows this, then why would they even present that proposal (to decrease my rating) to me? Also, please tell me what TDIU stands for and what benefits would I have if awarded?

When submitting a claim for the schizoaffective disorder as secondary, can I use the same doctors letter as a reference to proving my claim?

What will happen to the current claim that I already have pending?

Cherie

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Cherie33,

If you submitt a claim for a schizophrenic disorder secondary to an already service-connected mental disorder (in your case Major Depression), you will not receive a seperate rating for it. The VA will rate the most disabling of the two and 'lump' them together and provide only one rating. So, in essence you don't need to actually file a another claim, which will just bog down your current situation. Just make really sure that the VA is aware of the fact the your Major Depression has progressed to the point that you have developed additional psychotic features.

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