Proposal To Reduce Benefits Lettter

[Mingo]

I received a letter a few months back "Proposal to Reduce Benefits". I rapidly sent a NOD and yesterday recieved a letter stating:

"We have only made a proposal to reduce your benefits and as of this date we have not carried out this action.

If we decide to carry out our proposed action you will receive written notification and at that time you will be given appropriate appellate rights"

Has anyone seen this verbage before?

[Chuck75]

I've heard examples on Had-it.

Often such proposed reductions do not meet the law for one reason or another.

The problem is that the reduction isn't suppost to occur if you disagree, and the basis of the reduction

is not valid. You could always request an increase, just to confuse things further.

I might, if I received such a proposal, generate a request for increase via the web electronic application.

Basing the reduction on one exam or other criteria that is short term is somewhat typical of the VA.

Edited May 2, 2015 by Chuck75

[Berta]

Does this regard a proposed reduction of TDIU?

Not much info here to know..but many here have requested a hearing when the VA proposed to reduce them.

For some reason that 'verbiage' doesn't seem kosher to me....there had to be more to the letter.

Did they give you time to submit more evidence or ask for a hearing?

Did they state why they were even thinking of proposing a reduction?

Did you send in the annual thing they send out as to whether you have worked in the past year?

These are the reduction regulations:

§3.105 Revision of decisions.
(d) Severance of service connection. Subject to the limitations contained in §§3.114 and 3.957, service connection will be severed only where evidence establishes that it is clearly and unmistakably erroneous (the burden of proof being upon the Government). (Where service connection is severed because of a change in or interpretation of a law or Department of Veterans Affairs issue, the provisions of §3.114 are for application.) A change in diagnosis may be accepted as a basis for severance action if the examining physician or physicians or other proper medical authority certifies that, in the light of all accumulated evidence, the diagnosis on which service connection was predicated is clearly erroneous. This certification must be accompanied by a summary of the facts, findings, and reasons supporting the conclusion. When severance of service connection is considered warranted, a rating proposing severance will be prepared setting forth all material facts and reasons. The claimant will be notified at his or her latest address of record of the contemplated action and furnished detailed reasons therefor and will be given 60 days for the presentation of additional evidence to show that service connection should be maintained. Unless otherwise provided in paragraph (i) of this section, if additional evidence is not received within that period, final rating action will be taken and the award will be reduced or discontinued, if in order, effective the last day of the month in which a 60-day period from the date of notice to the beneficiary of the final rating action expires.

(Authority: 38 U.S.C. 5112(b)(6))

(e) Reduction in evaluation—compensation. Where the reduction in evaluation of a service-connected disability or employability status is considered warranted and the lower evaluation would result in a reduction or discontinuance of compensation payments currently being made, a rating proposing the reduction or discontinuance will be prepared setting forth all material facts and reasons. The beneficiary will be notified at his or her latest address of record of the contemplated action and furnished detailed reasons therefor, and will be given 60 days for the presentation of additional evidence to show that compensation payments should be continued at their present level. Unless otherwise provided in paragraph (i) of this section, if additional evidence is not received within that period, final rating action will be taken and the award will be reduced or discontinued effective the last day of the month in which a 60-day period from the date of notice to the beneficiary of the final rating action expires.

(Authority: 38 U.S.C. 5112(b)(6))

http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&sid=0aca7422fe8de29755d7f3e56d27291f&rgn=div5&view=text&node=38:1.0.1.1.4&idno=38#sg38.1.3_1461.sg15

[Berta]

This is the form I mean and am not sure if they still require it annually from TDIU vets. Someone will clarify.

The VA has to have a pretty good reason for a reduction proposal.

I got one turned around many years ago with a scathing NOD citing evidence and plain old common sense.

Edited May 3, 2015 by Berta

[Mingo]

Yes it is for TDIU . I am 92% SC and have an appeal in process for PTSD that was bothecd in my last CP Exam. I met all the criteria for PTSD but they said I scored so high on the PTSD computer quetionaire that it was not possible....I actully had a severe anxiety attack during the this test and I had to get up and walk out of the room. The PTSD Test aks questions about this and how often and severity...I answered and honest and accurately as I could and even told the Psych that I had an anxiety attack during the test....I am perscribed Propralolol by the VA for the very reason.

I work as a Medical Records person and had one of these attacks/mini stroke/seizure while at work and was hospitalized last year. I was granted service connection for a major stroke that occured on active duty when I was 30 yo I was also being treated for sarcoidosis at the time. I have a history of all kinds of symtoms some sort of cognitive, PTSD like, nightmares, anxiety, social dysfunction,severe tinnitus, light sensitivty, severe inrribiltiy but the VA will connect one symtom to one root causes and others to others, My stroke was classified with my SC for Sarcoidosis with sleep apnea....none of the other symptoms were deemed related to my stroke, the nuerologist said that my other symtoms were due to PTSD but at the same C P exam they said that I met all the criteria for PTSD but I scored too high on the PTSD test. sometimes when I speak I confuse the syntax of words....house old instead of old house ect ect. I have no family really at all, no kids, no wife, no girlfriend very little contact with blood relatives, I was reclusive not going out of the house, major depressed. I had to do someting to not kill myselft or drink myself to death. If you have never been there then you really don't understand what it is like. I am talking about passing years of holidays, summers, birthdays totally alone so, I decided I had to do something different so, I applied for a job at the VA in medical records and I was hired but have struggled. It has been hard I I cannot function / work in that crowded stuffy office with people talking and walking around and making noise my brain litterally shutsdown so, I submitted and application to work at home which I have been which is good but now I am isolated again.

I am submitting another claim for MRSA infection that I have had since having Back surgery at a Naval hospital I have had various cellulitits is abcesses/sores on face neck, back, so bad they left permannet scarrring. I am at 92% and I am submitting claim for abnormal gait. limp for having bad sciatica and if my appeal for PTSD is resolved like it should have been I will be at 100% sc anyway.

I have NO family I have to do something to give some meaning to my life. I get some satisfaction with medical records work and with time I ma getting better at it...it takes me awhile to catch on to new things but when I do I do my best. Reading Medical Records on a computer is inate work no real physical activity needed If one guy is allowed to work at family business building furniture or repairing boats then I cannot I be allowed to read medical records at my home in peace and quiet ?

I read a case where A veteran was TDIU and worked and was paid for beiing a city councilman.

Edited May 3, 2015 by Mingo

[Berta]

If a TDIU veteran works in a sheltered workshop or makes below the poverty level ( You can search here for TDIU and Working discussions) they really don't have to worry about proposed reductions.

I have no idea why they proposed to reduce you.

Can you scan and attach the letter regarding the proposal here? (Cover C file # ,name, address first)

because it is the words of the VA, as to why they are proposing this reduction,that we need to see.

Can you post the C & P exam results as well?

Are they questioning your PTSD?

It isn't always a good idea to compare vets with SC comp.who might be employed....

Both Lewis Puller (Chesty's Son) USMC Vietnam , as well as former VA secretary Max Cleland were both so catastrophically disabled,by their service, that they were eligible for (and certainly might have received) 100% SC comp but 100% comp is not the same as TDIU.

Lewis worked as a lawyer for VA Central. His PTSD alone should have been rated at 100% in my opinion.

[Mingo]

I will try to scan and post. I just moved to current residence and have to look for last C/p exam results. I forget where I put things sometimes and later forget to look again. Thanks. I am not sure that I am offically in a sheltered workshop. MY SC conditions came into play when i was hiired (preference) My application to telework was expedited due to me not bieng able to function/concentrate in small cubicle with a chair space of like 3ft x 4ft and being hospitalized for having a TIA seizure at work... the noise and talking co workers made it impossible for me to work .

Do they ever make a proposal and later not follow through with it?

Edited May 3, 2015 by Mingo