Va Comp Reduction Proposal

[kuraiyamy]

Hello.

I just got a call a few days ago from VA saying that I missed a VA re-evaluation exam on Dec 10,2014.... and they are going to reduce my rating.... I never received any notice of such exam being scheduled, nor when and where to appear... Supposedly it was sent to my mother's old address, along with two notices. The gentleman from the va also informed me two due process letters were sent to that address and supposedly they made multiple attempts to call me, but may have used a different number.... due to this my rating was accreditations to have been reduced... and the best part is this sold have taken affect this month and that it is strange that he got a hold of me and all current contact info was in the system. Told me to contact va rep imidiatly and tell them about his phone call and that he would note that he contacted me.

Called va rep numbers and got a hold of a va rep and told her about the phone call, she looked every thing up in the computer and verified that all my current contact info was in the system, a long with old contact info that the regional va used instead? Any way she said she c would put in something to say i never received re-eval appointment letter and a new one should be scheduled and to give her a call as soon as something developes or some time goes by and and it's been a while... oh and try to worry.

I guess something similar has happend a lot recently to other vets...

well been trying not to worry, only been effective at worrying more!

I have no idea what to do, and feel it's already to late. Any advice would be greatly appreciated. Thank you all in advance.

P.s.

I have seen it recommended constantly to get a good "aggressive" rep or/and lawyer.

what is a good and "aggressive" rep organization? I filed with just a regular va rep. Is it to late to switch? DAV is recommended by VA or VA reps...

Do i need a lawyer? How do i find a VA claims/disability lawyer, let alone a good one? I can only find Social Security lawyers. ..

Thanks again.

[Notorious Kelly]

I'm sorry to hear of your stressful situation.

I'll let those who know advise you but I wish you luck with this!

[JT24usn]

With the letter or notification it does say you can request a hearing. That will stall the reduction and give a chance to hear your story. While you wait for the hearing you should continue to keep getting paid. Jmho.

[Navy04]

Sorry to hear of your issues bud. Good luck and God Bless!

[Buck52]

I would request a DRO hearing and tell the DRO your story face to face and bring all your evidence/old and new with you at the hearing.

the DRO should have your c-file.

if you moved and did not contact the VA of your New Address...IDK what will happen then?? if you put in for a change of address maybe that's your proof? but if they ''called'' you then your argument would be why didn't they call you in time to make the C&P? recheck your dates on when you sent in change of address (if you did?) or the dates they sent you the C&P Letter....and when they called you all of that you will need at your Hearing.

It would be good to get a DRO Hearing....you can file it when you file your NOD in comments.

you won't be reduce until this is finalized/If you can prove your disability has got worse then you may get a increase rather than a decrease.

good luck

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

Edited May 1, 2015 by Buck52

[kuraiyamy]

Well.... I don't know when they got my current address for sure, how would i check?

I receaved that phone call on April 24, 2015.

My rep said she submitted notice of not getting the c and p exam notice and requested that i may get a new c and p exam. (Am i to assume this is a Notice Of Disagreement/NOD?) It was supposed to have happend that same day, 04/24/15

I just receaved this letter that I was called about last Friday, today. 5/1/15

The letter says i missed the c and p exam on Dec 10th, 2014.

I don't have the best memory... it's horrible. ..

I was originally given %50. After several hospitalization, they raised it to % 100, not at my request. A lot of medicines prescriptions later. i do think I'm doing a little bette...it has been almost 2 years since last hospitalization. .. just not radically better.

I'm not sure what evidence i need. I originally filed with just my service medical record book, which i still have. What files/records should i aquire?

Edited May 5, 2015 by kuraiyamy

[kuraiyamy]

I'm assuming DRO would be the "personal hearing" the letter talks about?

My rep doesn't seem to think I need to submit for one yet, though I'm sure... Letter informs me I only have 30 days to request one, which does make me fill a bit nervous, worried, and concerned...

There is nothing about why they couldn't have called me earlier, or even if they really did in fact try calling previously. Thanks @Buck52

The letter also informs me that if i do request said hearing, I would continue to get paid the same but would be considered over paid at the conclusion... so i would owe all that money back... @J24usn

I have no idea how could pay any of that back...

Voc Rehab didn't think they could do anything for me. Except maybe help me with wrighting out a plan for the VA to help me with getting a home loan and or a service animal, which the VA was already doing at the time.

Thanks again everyone.... feel like it's already to late.