USMC_VET Posted June 24, 2015 Share Posted June 24, 2015 (edited) So some of you may have seen some of my frantic posts in the last month about my reduction. Today i got a call from the VFW VSO back in the original state i was rated in and for some reason had my latest claim adjudicated in? anwyays the rater had talked to them and asked if i would be willing to drop the request for a new exam and dro hearing if they would drop the reduction proposal. This is a parital victory because i am certain that after reading all of my evidence including the sworn affidavits and the IMO along with DBQ i would have been rated at 70% instead of 50% (they were attempting to drop to 30%). I know that i should have said screw you im going to go all the way, however i cant afford right now to have that compensation dropped in the interim. So for right now i am going to take this as a win, the va backed down off the reduction. I am still going forward with my NOD for migraines because i meet the 30% criteria (they rated 0%) and its backdated to 2012 so i know they will fight that because of the retro. However I wanted to say thank you all so much, asknod, berta and all of you out there who responded or have answered other threads that i poured through. I learned more in 4 weeks here at University of Hadit than I knew in the prior 9 years dealing with the VA. However i should temper my enthusiasm perhaps, it wouldnt be out of the realm of possibility for them to cancel my request for the hearing/exam and then still go ahead with the reduction...will believe it when i get the letter in the mail *Also to show my thanks just ran the card on the gofundme site. Edited June 24, 2015 by USMC_VET 70% - PTSD ->50% - OSA (Secondary to PTSD) 30% - Bilateral Pes Planus w/Plantar Fasciitis 30% - Migraines 10% - Tinnitus 20% - Back 0% - bilateral shin splints Link to comment Share on other sites More sharing options...
Berta Posted June 24, 2015 Share Posted June 24, 2015 Odd...the VA isnt supposed to play Lets make a deal. I wonder if this was the VSO's idea "and asked if i would be willing to drop the request for a new exam and dro hearing if they would drop the reduction proposal." If the new exam and C & P would warrant the higher rating.....they would have to formally call a clear and unmistakable error on the proposed reduction or at least state in writing why they didn't proceed with that. I know what you mean about potentially losing any comp but I am anxious to see what others think here..... Your VSo should give you the name or email addy of the rater so that you can figure this out better. It might be legit.......but I dont see why a rater would call your VSO and negotiate this with him, and not call you.,instead. SergeantQ, Vync and georgiapapa 3 GRADUATE ! Nov 2nd 2007 American Military University ! When thousands of Americans faced annihilation in the 1800s Chief Osceola's response to his people, the Seminoles, was simply "They(the US Army)have guns, but so do we." Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we. Link to comment Share on other sites More sharing options...
USMC_VET Posted June 24, 2015 Author Share Posted June 24, 2015 (edited) She said she had "talked to the rater" I dont understand it either. she said she is going to get it in writing to protect both of us. I guess i should ask for a copy to be sent to me update *I just called, she had stepped out which im guessing is to go tlak to the rater regarding this. I asked that i be sent a copy of the letter that is to be sent to or from the VA regarding this as well as the name and email address of the rater.* Edited June 24, 2015 by USMC_VET 70% - PTSD ->50% - OSA (Secondary to PTSD) 30% - Bilateral Pes Planus w/Plantar Fasciitis 30% - Migraines 10% - Tinnitus 20% - Back 0% - bilateral shin splints Link to comment Share on other sites More sharing options...
SeattleShay Posted June 24, 2015 Share Posted June 24, 2015 Sounds to me as if the VSO is not necessarily on your side. Did you give he/she the approval to play "Let's make a deal" with your rating ? If I truly believed that I deserved a higher rating I would push for it no matter what..... Link to comment Share on other sites More sharing options...
Navy04 Posted June 24, 2015 Share Posted June 24, 2015 Congrats on the Win, a Win is a Win, anything better then those SHI** reducing you and then going thru another claim to get where you should have been to begin with. Good luck SergeantQ 1 100% PTSD 100% Back 60% Bladder Issues 50% Migraines 30% Crohn's Disease 30% R Shoulder 20% Radiculopathy, Left lower 10% Radiculopathy, Right lower 10% L Knee 10% R Knee Surgery 2005&2007 10% Asthma 10% Tinnitus 10% Damage of Cranial Nerve II 10% Scars SMC S SMC K OEF/OIF VET 100% VA P&T, Post 911 Caregiver, SSDI Link to comment Share on other sites More sharing options...
USMC_VET Posted June 24, 2015 Author Share Posted June 24, 2015 (edited) I just talked to the VSO. I dont doubt this was a "were all friend here" deal and the rater approached the VSO etc and said hey would your vet drop the hearing and request for new exam if we just kill the reduction etc. and i believe they did so because the dbq would have rated me higher. so i dont doubt i am getting the short end in the scheme of things however i am willing to take it now. its a partial win, but good enough for me at the moment to not have the stress of checking the mail everyday and checking ebenefits 3x a day to see if theres any update etc. its made me a wreck for six months now. I will in the future push for a higher rating but right now i want to be free of the "what ifs" for the future of a reduced rating etc. The rater read the letter they were sending and i gave my permission to do so. "Veterans wishes to revoke his request for a new exam and DRO hearing with the understanding that the VA will no longer pursue a reduction in his PTSD rating". As long as the "understanding" and im sure the VA will classify it as 'we decided to not pursue the reduction given new evidence and contacted the veteran to cancel his hearing and exam since the reduction is no longer being proposed and no longer required for his appeal" She said the VA is sending the letter listing the proposal to reduce has been dropped. If i dont get it within the next 10 working days i will call and tell the VSO that i need to have a copy of the "we are dropping the proposal to reduce" letter and a expedited certified copy of the letter in the mail hard copy or i will file another NOD since i will have to assume the reduction is still being pursued. Edited June 24, 2015 by USMC_VET 70% - PTSD ->50% - OSA (Secondary to PTSD) 30% - Bilateral Pes Planus w/Plantar Fasciitis 30% - Migraines 10% - Tinnitus 20% - Back 0% - bilateral shin splints Link to comment Share on other sites More sharing options...
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