Va Rating Reviewed For Compliance With Laws And Regulations

[add55p]

I was just wondering; If VA rates a claim and makes a mistake/error and the veteran observes it months later and informs the VA. Will the veteran be penalized financially (payback part of retro) if VA decides to decrease the rating based on their past mistake/error?

example: VA rated a hearing condition as Meniere´s Syndrome at 60%.. However, all of my evidence, as I see it is listed as peripherial vestibular, which should be rated at 30%. There are no doctor´s diagnosis or C&P examination that shows Meniere´s Syndrome symptoms.

Does the veteran have to ensure that their ratings are in accordance with law or do we accept VA rating decision as being reviewed and adjudicated in accordance with current law and accept the decision as it is written??

Add.

[Philip Rogers]

No!!!!! Personally, I think you are probably wrong and just don't realize it. Also, they could have found something you were unaware of, during a C&P, and rated it. jmo

pr

[broncovet]

No. The VA has a very strict procedure for reductions, and must follow it to the letter or you can have that reversed upon appeal.

If its been over a year, the VA must establish the "Cue" standard, that is, the evidence must be undebatable that you dont qualify for the benefits.

Its even more difficult for the VA to reduce you if your benefits have been effective for at least 5 years, or you are P and T. They must show "actual improvement" under ordinary conditions of life.

The concept of "stare decisis" prohibits a new rater from looking at your evidence and saying, "gee this looks more like 10%, not 30% so I just will go ahead and reduce the Veteran to 10%".

Otherwise, a Veteran could just keep applying for benefits over and over again, until he found a Veteran friendly rater who would grant benefits. The law works both ways, stare decisis (finality of decisions after a year) can help the Veteran or hurt him. In your case, it should help prevent a reduction.

[broncovet]

Of course, if you write to VA and tell them you only qualified for 10 percent and were awarded 30% in error, you can revoke your benefits. Benefits are not mandantory, and are paid to the Veteran only when he applies for same. He may elect to revoke his benefits at any time, and VA will gladly comply with this Veterans request.

[add55p]

To All,

Great replies. I was just wondering out loud. Maybe they saw something that I did not see.

Thank you..

Add

[Andyman73]

Add,

You don't want to have them take anything away from you, that you deserve!!! So many of us here are fighting tooth and nail, to our wits end, to get anything. Like PR and Broncovet said, they saw something you didn't and you are enjoying their generosity. Most of us have to prove over and over to get the rating we should be at.

Semper Fi.

Andy

[GLW]

Go and read both issues. They are required to use the rating that provides the highest rating to you. States so on the rating criteria.