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A Reduction In Rating

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RUREADY

Question

I notice some people are getting a proposal to reduce rating...

just remember what it took to get the rating you got. Then you go to

Primary Care Doctor or another C&P for a new claim or increase claim

THEY WILL CHECK YOU FOR YOUR ALREADY service connected disabilities .

Example: you are rated 40% back 40 % radiculopathy of legs, your new claim is for

sleep apnea they ask you to bend and touch your toes and this is even at PC appointments

you bend and its 30 degrees or less to keep 40% you bend 50 degrees this will drop your rating.

Just keep this in mind what it took to get your rating and what it take to keep it. RU

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Regarding non C & P statements made to VA Clinicians and a possible "Adversarial" atmosphere.

Back in late 08 I started following VA Watchdog and Larry Summers. Larry cautioned Vets regarding speaking too quickly to VA Clinicians, including Nurses. His position was anything you say to the VA Clinician regarding your current physical and pain level will be included in your VAMRs. He was referring to answers to pointed questions. Ex: How are you today, etc. Most Vets were raised not to complain and men, especially don't like to admit weakness in front of women nurses, especially ED related.

Vet's have to realize that from the moment the Nurse greets them, their Medical condition is being assessed. All answers to the "Intake Medical & Mental Questionnaires" are recorded in the Vet's VAMRs. This is not the time to "Man UP," if you're at a Pain level 7, don't be a tough guy and say 3. If you're feeling depressed, say so. This caution, has nothing to do with making false statements. It is strictly to ensure your MR's are accurate and reflect your true medical and SC disability picture.

I advise a few Nam PTSD Vet's that I meet with to be VERY careful when discussing their personal financial situation with "Anyone" from the VA, Clinicians, DRs and Social workers. Just saying another family member write your monthly checks to pay bills, could trigger a VA Fiduciary Appointment. This is not good, unless you really need a Fiduciary, and some definitely do. The VA is actually trying to look out for the Vet and safeguard his money.

Semper Fi

Gastone

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  • HadIt.com Elder

When I go see my VA Doc he might say hello how are you today I say Well Doc I seen better days, or if I am in a lot of pain I say not to good, when the normal thing to say is I'm good Doc & you.

Usually my Doc just says how can I help you today and I just start telling him/her how I been feeling and things about how the pain meds are working or not working like there suppose to and any other issues I have medically.

The Dr. sits there on the computer and looks at your lab work/reorders meds...while you just sit there...its that way for me anyway.

These Appointments are far and in-between for most of us veterans, for me its every 6 months So I make my time during these Appointments count big time!

Its during the exam is when the veteran needs to say how he is feeling and the problems he is having.

I never did like that BS when they ask you on a scale from 1 to 10 what is your pain number?

To me that's a useless question to ask a veteran, all the veteran knows is he is in pain usually severe pain & that's why he is there.

Its up to the Dr's to check us out..

I agree with PUREREADY about waiting hours for your Appointment, Labs early am then two hours wait to go check in with your clinic then its anyone guess how long that wait is.

I Dread going to my VAMC its usually at least a half day wait and some time an all day wait.

When your at your VAMC its best to keep the conversation with the Nurse & Doc about your reason your there & let the Dr do most of the talking you just answer his/her questions the best you can & let him/her know about any other medical issues you may have.

if the Doc gives you a new diagnosis ...then wait until you get home and ask here on hadit about it if it could be secondary to your existing disability's...to qualify you to file for an increase, Do not Ask your VA Doc that question.

Unless your on good terms with your Doc and you been seeing him/her a long time & he /she suggest you should file!...but still do be careful asking the clinical tech or Nurse & Dr's about compensations questions...We can ask those questions here on Hadit.

REMEMBER everything you say when your at your VAMC Appointments is put into the computer and later filed with your M.R's that could come back to Haunt you.

just some more of my 2 cents

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

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  • Moderator

With all due respect, I disagree. (NO, I dont disagree with Tbirds "be honest", but disagree you can be reduced for seeking an increase)

The VA can/does reduce ratings independent of whether you ask for an increase or drive a blue car.

If you meet the criteria for reduction, the VA can reduce you, and it does not matter whether you ask for an increase, drive a Prius, or wear "blue spiked" haircuts. They have to rate on the criteria, not on whether you asked for an increase, or whether you eat very green bannanas.

There are very specific rules the VA must follow for a reduction. Not once does it say anything close to "When the VEteran asks for an increase, his rating will be automatically reduced instead."

This myth is spread mostly by VSO's who use this as a "backlog reduction plan"...that is, get the claimant to never apply for an increase by putting fear in him that he will be reduced instead. VA also likes this myth, as it saves them work.

Edited by broncovet
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  • HadIt.com Elder

"There are very specific rules the VA must follow for a reduction"

That said the VA, in the recent past, has proposed reductions based upon a single VA medical

treatment record or C&P. That is not really in accordance with the laws and regs.

The exception to the protection is based upon what the VA consideres an error

in the existing award(s), or what seems to be fraud.

In the far past there were instances when the VA had all the appearance of retaliating against

individual veterans that involved claims and awards.

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my last claim I file was 5-14 for ED had a C&P and the first thing was

a range of motion for my back my first flexion was 30 DEGREES from the start

and I didn't move an inch. Don't you know 35 degree could have put my rating

at 20 percent that a big cut possible loose TDIU. Never will. That's why I don't file

every claim I have because if they try to reduce I ALWAYS FILE another claim or file

increase. That's just how fast you can be reduce. The exam was for ED.

So the Doctor doing the exam ask me to try and do two forward flexion after the first was 30 degree

the next one I didn't move it was 15-20 degree wish should have been the first reading

scared the sh** out of me just be careful when filing for increases they will check for already sc disabilities

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