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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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  • HadIt.com Elder

I believe most veterans are honest and the medical test & evidence proves there disability.

looking into the mirror and asking yourself if your truly owed this rating is a good analogy also ask yourself if you earned this rating.

The VA sure don't take the veterans word on it when he'/she says I'm disable give me compensation.... we all know it don't work that way.

They probably are some veterans that can beat the system but very few!

I never thought about its but probably in the 1%

I think it would be hard to cheat on a disability. (How)??

Imo I think most veterans would rather be healthy and work, most of us have degrees before we went into the military or acquired one during or after we got out of the military and we can make more $$ than what we get on VA Compensation.

but unfortunately things go south on most of us through the years and most of us that can't work what compensation we do get sure helps .

Imo I think if a veteran files for increase to his already disability or a secondary increase. (he/she has that right) &

what matters most is the C&P examiner, how its conducted and performed ,the Dr also needs to be Honest!

Because there are just some plain ass-hole DR's out there trying to bring down a veteran because they have a chip on there shoulder or a power thing or prejudice & like have an attitude an attitude like>> '' I am the Dr and what I say goes'' ''I don't like this veterans looks I think I 'll just get him reduced and show him 'her the power I have.''

What ever his reason the VA should not bring Dr's like this into the VA & should screen there Dr's better and not bring bias/prejudice Dr's with attitudes into the VA

There's so many un- friendly veteran Dr's in the VA like that....Going to C&P exam Dr's that is veteran(un-friendly) The Dr already has it in his mind made up before the exam to try to reduce a veterans rating from the get go.

just my Opinion!

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

Edited by Buck52
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Back in early 2013 while awaiting a DRO Hearing from a NOD filed in late 2010. I had occasion to discuss my Hearing status with a VSO at the VARO. On numerous occasions his only response was that a "Diary Date" had come and gone. Diary Date, WTF? To me that just indicates a need for someone to actually touch the file, not necessarily do anything. After about 11/2 yrs of Diary Dates coming & going, hearing was finally held.

No idea if Diary Dates are used for reductions but I can see where the VA would set automatic review reminders set for review of a Vet's Award sometime before a critical date such as; age of 55, 10yrs or 20 yrs award anniversary or actually just about anything really. Some SC conditions may have a historical improvement period. Ask your Dr for his prognosis. If your SC condition actually improves, a possible SC % to the next lower Comp Level is actually warranted. I don't think I'd start waiving my hands asking for a reduction, that's for sure. You might think twice before filing for a possible 10% new SC issue though.

As to what you say at the VAH to a Clinician. Something negative placed in your Med Records only becomes an issue if reviewed by a rater in the course of a claim or actual scheduled review of your Medical records. Checking your MHV medical file for errors and correcting them is just good business.

Semper Fi

Gastone

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  • HadIt.com Elder

This may not be the right post to be posting this but it does have some relations.

I been diagnosed with MDD from my VA Doc .& take meds for it

Because I seem to have got into a deep depression because of my Current SC Disability.

I stay secluded and just want to be by myself, un-social able & be left alone, never go anywhere , I don't want to be around friends anymore or even family, just blah feeling all the time, thinking that death is not bad and wonder about that & always feeling fatigue and sleep and eat gaining weight not happy at all & my health seems to be getting worse because of it....getting on the computer is all I ever do anymore and of course come here to hadit.

I should be happy I have a wonderful family that loves me and cares & also some good decent friends & members here on hadit that has turn into some of my best pals.

Since I had this disability it seems to be getting worse and I wish it could be reversed but it can't and never will, I'll have this SC disability til the day I die and knowing that just adds to my deep depression & I have other bad health issues as well..& .so for non-service connected.

I'm Just getting older (over 60) and not much to look forward to.

File secondary to my current disability?...I thought about it and everyone encourages me to do so but I see no use in it, I get 100%compensation and so for it keeps the Bills Paid & getting my meds from VA

I tell my VA Doc everything, how I feel and the things I think about, but in all reality do the VA Dr;s truly care how I/ we feel?? or do they just go through a routine to satisfy the veteran? & keep there high paying job.

Depression is treatable with Medication & helps with the chemical reactions of the brain but I don't want to take a medication that just seems to make things worse.

Helping veterans helps me feel better and I have chose that as a Therapy.

Enough of venting

Thanks for reading/listening

.........Buck

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This may not be the right post to be posting this but it does have some relations.

I been diagnosed with MDD from my VA Doc .& take meds for it

Because I seem to have got into a deep depression because of my Current SC Disability.

I stay secluded and just want to be by myself, un-social able & be left alone, never go anywhere , I don't want to be around friends anymore or even family, just blah feeling all the time, thinking that death is not bad and wonder about that & always feeling fatigue and sleep and eat gaining weight not happy at all & my health seems to be getting worse because of it....getting on the computer is all I ever do anymore and of course come here to hadit.

I should be happy I have a wonderful family that loves me and cares & also some good decent friends & members here on hadit that has turn into some of my best pals.

Since I had this disability it seems to be getting worse and I wish it could be reversed but it can't and never will, I'll have this SC disability til the day I die and knowing that just adds to my deep depression & I have other bad health issues as well..& .so for non-service connected.

I'm Just getting older (over 60) and not much to look forward to.

File secondary to my current disability?...I thought about it and everyone encourages me to do so but I see no use in it, I get 100%compensation and so for it keeps the Bills Paid & getting my meds from VA

I tell my VA Doc everything, how I feel and the things I think about, but in all reality do the VA Dr;s truly care how I/ we feel?? or do they just go through a routine to satisfy the veteran? & keep there high paying job.

Depression is treatable with Medication & helps with the chemical reactions of the brain but I don't want to take a medication that just seems to make things worse.

Helping veterans helps me feel better and I have chose that as a Therapy.

Enough of venting

Thanks for reading/listening

.........Buck

I don't know your disabilities but don't let it stop you from doing something YOU LIKE

to do I be in some pain everyday But I learn to deal with pain and to keep moving forward

BUT at my own pace I cut my grass now it will take the average person say 1 hour and it takes me

4 hours but I did it my self at my own pace and it give me something to do besides worrying about

my health problems . Try it it might help

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Buck: Think about the need for SMC A & A and Housebound at some future point. There has been some recent SMC discussion and, other than SMC K for a Dead Dxxx, most of us don't really know what ratings are needed to qualify. When you 1st start reviewing the list of SMCs you see different SMC awards for loss of multiples of eyes hands feet and limbs. Generally speaking, those losses are already paid under the Vet's SC % rating. However, if the Vet has 1 SC rated at 100% or IU and another single issue rated at 60+% they are eligible for the SMCs for A & A and housebound if and when their conditions warrant them.

A few Vets have opined that a number of lesser SC Issues, 10% and such, can be used to hit the 60% needed to qualify, I don't think so but I could be wrong. More research is needed.

Semper Fi

Gastone

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  • Moderator

I would like to comment on what some call "gaming the system". I think the chances of this happening are very, very low. Possible, but very low occurence. A much much easier way to game the system would be to go to work for VA, instead of being a Veteran.

I personally put up with my disabilities for decades before I even applied at VA. I had to be "talked into it".

Finally, I could see there was no light at the end of the tunnel. I was losing my home and unable to get a job. So, I turned to VA for help.

Yea..I got help..4 years later, and much to late to save my home, and even that was after 2 BVA appeals, one writ of mandamus, and about a dozen RO decisions.

The VA refuses to belive my evidence was shredded EVEN with a VAOIG report stating the same! This is AFTER 2 different Board decisions and both of these made determination that my evidence was "credible", as it was consistent with the known facts.

In my appeals, I try to never "make statements". I dont want them twisted around! Instead, I refute VARO statements sometimes with evidence from other VARO decisions, sometimes by showing they conflict with regulations, or sometimes how they conflate Board decisions. Since pretty much all the "statements" I have made are have already been adjuticated and final, I try not to make any more "statemtents" that can be used against me. I simply dont offer them my opinions. I will say something like:

The 2012 Board decision stated, on page 20, that "a remand on the issue of TDIU is required". I will further state that expiditiions treatment is required and I have yet to receive an implementation decision on the issue of TDIU.

Notice. I did not say I was eligible/not eligible for IU. My docs already said that, and I need not reiterate that and there testimony is more credible than mine because they have letters behind their name.

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