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"mixing" Increases And Proposed Reduction?

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broncovet

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When VA calls us for a c and P exam, how do we know if its an exam for increase, or a proposed reduction?

As most of us know, 100 percent is not the max, there are multiple levels of SMC above and beyond 100%, at least one of which is "statuatory" housebound (SMC S) with "100 plus 60".

So, does anyone know how to tell if the exam is for a proposed reduction (that we may not find out about for 60 days or so), or if its for an increase?

I think Vets "need to know" if this is to try to take stuff away, or add more. Most of us remember Carlie about a month or so ago, who got very very upset thinking it was a proposed reduction, when it turned out to be for an increase.

If its for an increase, and we dont feel like we qualify for the applicable higher rating, is there some reason we simply can not "withdraw" the claim and cancel the inferred increase???

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I will add that I understand completely why a Veteran may NOT want to go through a C and P exam. As Berta has pointed out, if you dont have PTSD before dealing with VA, you likely will after they mess with our lives.

Some people probably "can't handle" the stress of a C and P exam, reminding you of Carlie. I definately "get that". So why can we simply not "cancel" a stressful c and p exam if:

1. We simply so elect.

2. We dont want that much stress in our lives. WE had enough stress getting our current rating and cant handle more stress.

3. We think its not worth it for the potential of the increase.

4. We dont think we qualfy for a higher rating.

5. We simply are too tired or too weak to deal with VA anymore and want to be left alone.

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  • HadIt.com Elder

Good Question broncovet!

Usually the VA says what your C&P is for,If increase or reduction) and the increase can be because of a recent hospital visit like carlie was... (The VA Assumes increase) Mine was for a reduction from a non friendly VA Doc that stated my disability has improved...which was a out-right lie and I proved him wrong.

jmo

.................Buck

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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  • HadIt.com Elder

My feeling is that: "if the claimant is concerned about facing another C&P exam, then they should not apply for an increase. The VA rarely orders another exam, unless it's a re-examination of a temporary award, where the claimants condition could improve, in a year or more." jmo

pr

Edited by Philip Rogers
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PR, I value your opinion a bunch. However, many of these c and p exams are for inferred conditions, that is, the Veteran did not request an increase.

Further, I am not sure there is any evidence that "applying for an increase" actually increases the chances of a reduction. The VA can reduce you regardles of whether or not you are seeking an increase at any given time.

Mostly, I think this comes from VSO's: "Be happy with what you got, dont apply for an increase or you will be reduced instead". I think that is almost purely hogwash...if the VA can reduce you they will, regardless of whether or not you apply for an increase. If they can not reduce you, for whatever reason...then it wont matter whether you seek an increase or not.

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I get anxiety every time I go to a routine doctors appointment. After many surgeries, hundreds of doctors appointments, many days of quarters, some specialists being uncaring jerk faces, and all the painful poking and prodding I am always concerned about any exam, including VA exams. For someone like me with back and nerve pain, it's murphy's law that the one good day I have out of the month would be the day I go to a C&P. The last doc for my general C&P was a competent doctor but....I had to remind him to perform a ROM. Although THAT day definitely wasn't a good day, they had to help me off the table.

I agree Broncovet, it would be nice to know which was is up and down. After receiving my initial rating, I applied for an increase on some conditions as well as a few items that were recommended in my award letter....after three months I noticed another item added that I did not request: my Pain disorder w/insomnia was added to my claim as "NEW". Thought that was strange since I'm already rated for it and am not disputing that particular rating. It leaves me wondering if they are going to decrease, increase it, or something else.

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  • HadIt.com Elder

yes I agree with ya bronco but they (VA) needs prove your disability has improved and they have to prove that...Now with a C&P Exams they issue that's what they base there decision on, most disability's don't improve if that veteran is rated 100%P&T& Disability is and of nature or of static condition, but the disability's that do or can improve over time is usually why the C&P's

I think there a time-line to help the veteran from being reduced and that's having the disability over 1 year to 10 years with no change as in improvement and over the age 55.

jmo

....................Buck

Edited by Buck52

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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