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Va Comp Reduction Proposal

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kuraiyamy

Question

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.

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Well... To fallow up. 

A new examination was supposed to be scheduled with me... Never got anything, no phone call nor mail... Nothing.

Va rep said it could potentially take a few month and to be patient and wait.

Checked in a few months later, nothing new, va was going to send something to wrong address (again) but was supposed to have been cought and corrected, was told wait and check in in couple months.

Checked in again very end of Sept/being December, still nothing... Told to wait a lil longer and check in after the holidays. 

Being of January I FINALLY get another letter from Va saying I missed two new exam appointments. First one rescheduled for  end August and second one at the end of July!!!!

What kind of crap is this???? Regular va medical center and clinic personel have no problem calling and making me things, been to several appointments...

Guess in the middle of February 2015 VaRo mailed a notification of proposed reduction in to a undeliverable and unforwardable address...

And one in middle of January I never got....

 

Well what the crap am I supposed do? How am I expected to attend appointments no one schedules with me nor informs me of?

Why didn't I get the proposal letter?

Why didn't any one see this crap in the system when they looked?

Guess it's they don't want me to be examined?

Still trying to get a hold of my va rep...

Well, back to stressing and feeling helpless some more in the mean time.

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  • Moderator

Go check this list:

https://vetadvocates.org/welcome/find-an-attorney/

You can check with local attorneys, but you need one with some "wins" under his belt.  

Some law firms who represent Vets are Hill and Pontoon, Bergman and Moore, Chris Attig, Doug Rosinski, and, of course, Mr. Carpenter in Kansas.  

Some of these are so busy they dont take every case.  Dont be suprised if you have to go to more than one.  

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  • HadIt.com Elder

Call IRIS and ask them about it..make sure there not sending the C&P Request to some other veteran?  or different address?make sure they have the correct claim Number and dates & address   get IRIS to give you the correct Phone No. for claims correction management.

other than them not reading our evidence  I don't see how the VA screws up like this..and its probably 95% sent to the wrong address or to another veteran.

usually after a c&p exam  the Dr' contacts the rater and give his impression as to why the proposal  reduction of benefits  if he/she thinks your lying.

 or the VA has the wrong address or wrong claims number and wrong veteran? ...it makes one wonder why you got that letter (proposal to reduce) in time and never got your C&P letter?

you need to make sure your NOD does not run out after the year   if you need to call your RO  tell them everything you mention here on hadit...be sure and get the names and badge numbers of the people you talk with..but try not to worry   if you can get a DRO Hearing   make it informal and you can usually work out these things with the DRO.....Remember their there to help you settle your claim  and you possibly could get all your claims decided by the DRO at the time of your Hearing.  based on your previous C&P Exam

 

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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Heh I know this is not exactly the topic on this post but it sure is convenient for the VA to suddenly forget where you live when it concerns appeals, reductions, and so forth.  If the system such oh lets say eBenefits of all things has one address why is it that other systems don't have the same information.  Let me not use eBenefits, how about, home of record, you get confirmations and letters for hospital appointments and possible benefits that you are entitled to, an increase to your payments because of a recent percentage change yet, when it comes to time sensitive material, such as exams and re-exams they are sent to the wrong address.

Folks this sh!@# is not accidental.  I received two letters these last few days. One notifying me of my win on the appeal with all the info on the changes on my compensation,yet, I also received a letter for a C&P exam appointment sent to an address that I haven't lived at for almost 2 years. 

This is just me, in this instance I would say to send things in triplicate.  Make an IRIS inquiry, if you have ebenefits access, update the info to reflect the same, even if you don't use Veteran Clinics and Hospital update your address on those systems as well.

Just to be a pain, I would send an address correction form and a copy of the mis-labeled mail to the evidence intake center, your local regional office where you are assigned, fax, and e-mail one as well.  It is horse crap that this still happens.

Yes, this is sort of redundant but most times necessary.  I am being a bit over dramatic, however, not by much as these examples above have applied to me and countless others. I have taken these steps as I don't want any excuses from the VA

Mr. A

:ph34r: " FIGHT TILL YOUR LAST BREATH " :ph34r:

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  • HadIt.com Elder

As long as you changed your address with the VA when you moved you will be ok, If you did not then you are going to have to fight. Cases like this make it to the higher levels and the Judges agree with the VA. The VA says they mail it and the Judge says the mail is never wrong.  That is why we keep copies of everything because of the little up chucks like this. The VA loves to antagonize a veteran. 

Did you inform the VA you had moved?  

 

We all have a responsibility to keep the VA informed if we move. They can be vicious. 

You will have to ask for a hearing and find out where these notifications went to. 

 

J

 

 

A Veteran is a person who served this country. Treat them with respect.

A Disabled Veteran is a person who served this country and bears the scars of that service regardless of when or where they served.

Treat them with the upmost respect. I do. Rejection is not a sign of failure. Failure is not an option, Medical opinions and evidence wins claims. Trust in others is a virtue but you take the T out of Trust and you are left with Rust so be wise about who you are dealing with.

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Many of us also find out the hard way that changing your address at "The VA" (hospital) does not change it in DEERS or with the VA disability process.

There may be even more places to check but be sure at least those two are separately contacted and verified for address changes.

You can verify DEERS info thru ebenefits.

Edited by Notorious Kelly
typo
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