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

[Dorothy Kansas]

Cherie33, The Va also tried to reduce me and take away my A/A. They backed off reducing my 100 percent but, they still want to change me to an Housebound rating. I see clearly through their bull----. They know I can't build upon the HB rating for higher SMC. I have a claim in which entitles me to an "O" rating which automatically qualify for an R1. This is pure intimidation on their part to discourage me. I just want to encourage you to fight as hard as you can and don't depend on your SO.

[Vike17]

Rick,

Yes, VA does rate secondary conditions of orthopedic or neurological etiology, but with mental disorders the law states that the VA can only rate one mental disability. If the veteran has more than one mental disorder that warrants service-connection, the most disabling condition will take precedence and the less disabling disorder will be 'lumped' the more serious condition.

Vike 17

[Cherie33]

Cherrie33,

1. Sometimes the va personal do not review the entire record when sending out letters of intent to decrease benefits.

2. Yes you can use the same letter if it addresses the secondary condition.

3. The claim that is pending will be handled in the order it was received. I have had multiple claims submitted at different times and I have yet to see one claim held up because of another claim. I have read on here that others have had different results though.

Hope this helps

Oh, almost forget, TDIU is Total Disability based on individual unemployability.

see this link: http://ecfr.gpoaccess.gov/cgi/t/text/text-...0.1.1.5.1.96.11

Ok....Let me get this straight.

First, I need to fill out the IU form and submit it to the VA, with a copy of my letter from my psych doctor.

Second, I need to send in another claim for schizoaffective disorder as being secondary from my current Major Depression withPsychotic Features.

And this will all be considered together, with my current claim for increased SC disability for Major Depression with Psychotic Features and IBS.

I will be attending a VA Hearing in November, at that time what will happen? Is it like going to court? Will I have to say anything, will someone represent me? I get nervous trying to talk to people I don't know.

Cherie

[Cherie33]

Ok....Let me get this straight.

First, I need to fill out the IU form and submit it to the VA, with a copy of my letter from my psych doctor.

Second, I need to send in another claim for schizoaffective disorder as being secondary from my current Major Depression withPsychotic Features.

And this will all be considered together, with my current claim for increased SC disability for Major Depression with Psychotic Features and IBS.

I will be attending a VA Hearing in November, at that time what will happen? Is it like going to court? Will I have to say anything, will someone represent me? I get nervous trying to talk to people I don't know.

Cherie

[Ricky]

Yep you will have to speak if you want to win your claim. If you do not have a service officer to represent you then you will have to do all of the talking. Just be yourself, state the facts and go on with life. It will not be like being in court.

[rigo]

Oct 24 2006, 10:06 AM' post=30044]

Hi each and everyone

Cherie33, found this letter that pertain to your case and you can use to respond to the rating reduction.

"VA regulations impose a duty on the VA to make an explicit finding that the preponderance of evidence shows that there has been improvement in any disability rating that the VA proposed to reduce. Specifically, 38 C.F.R. 4.1 (2006) states that "it is essential, both in the examination and in the evaluation of the disability, that each disability be viewed in relation to its history." Similarly, 38 C.F.R. 4.2 (2006) establishes that it is the responsabillity of the rating specialist to interpret reports of examination in light of the whole recorder history, recoinciling the various reports into a consistent picture so that the current rating may accurately reflect the element of disability present." These provisions impose a clear requirement that VA rating reductions, as with all VA rating decisions, be based upon review of the entire history of the veteran`s disability. Furthermore, 38 C.F.R. 4.13 (2006) provides: "When any change in evaluation is to be made, the rating agency should assure itself that there has been an actual change in the conditions, for better or worse, and not merely a difference in the thoroughness of the examination or in use of descriptive terms."

Hope this helps Rigo

In addition to these VA regulations, Manual M21-IMR, Part III, subpart iv, 8.D.12(:) requires the VA to make findings that the evidence demonstrate improvement before a rating reduction is made. Specifically, it states the VA must:

outline the time period in which application of 38 C.F.R. 3.344 is based

cite evidence of sustained improvement after one review examination, or a preponderance of evidence showing sustained improvement based on more than one examination and

explain why it is reasonably certain that improvement will be maintained under the ordinary conditions of life

Thus, Manual M21-I also requires a finding of improvement before a reduction is made in an ongoing disability rating. Therefore, the VA may not lawfully reduce a disability rating unless it addresses whether the condition has actually improve since the time it was either granted or continued.