Success - Va Does 180 On Reduction

[SergeantQ]

USMC_VET, not sure what they doing, why they doing it, and my gut is telling me they are wrong; however, do you want to be right, or do you want the money to hit your bank account? lol

I would say, if it's not about the money then fight for your rights but if you need to get moving then take it now and fight later. My claim was denied and the other in remand. It don't look good for me. Take it from me, I would be singing out loud and doing the happy dance if I was rated 50% percent right now. So - take the deal and go! Once everything get steady and your checks are rolling in, then pursue other actions.

Congratulations on the 50% - trust me when I tell you, there are a whole lot of us, WISHING WE WERE WEARING YOUR SHOES RIGHT NOW!!! Especially me!!!

[rootbeer22]

USMC_VET;

Congrats and my personal belief is to always to do the right thing, even if it's harder or more difficult to do. Generally, the smr evidence is the key, so make it easy for the rater to do their work ands give them whatever they need. As a Marine, I'm sure that you're just used to getting the tough things done right anyway...I have a couple issues right now that I've decided like TBI...that I waited to file for until my first regular claim was mostly finished....rootbeer22

[Notorious Kelly]

Congrats, Vet.

We've wondered for some time about these 'backroom deals'. I did a post awhile back from a manual for VSOs I believe that mentioned running decisions by them first as part of the process- not very aboveboard.

[USMC_VET]

So its almost official.

I have a friend in a different region who is a rater and htey looked up my file and the entry into the VA system is (and will be in the letter)

"In reply to this letter you provided our office with additional medical evidence and testimony speaking to your disability's current severity.

You requested that a new examination and a personal hearing be provided in regards to this issue. Since then, you have provided our office with a private DBQ which is sufficient for rating purposes and have withdrawn these requests. The cumulative evidence of record continues to reflect a disability picture similar to that shown at the time the 50 percent evaluation was previously established. Therefore our proposal to reduce this condition's evaluation is rescinded."

I will really really believe it when i get the letter

[USMC_VET]

Since i had actually filed a NOD on both my migraine rating and the proposal to reduce and now the reduction has been dropped im going to refile a new NOD to make sure they know i am not dropping my request for a hearing for the migraine.

This is what i wrote.

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The XX VARO has formally dropped their proposal for reduction (50% to 30%) for my Service Connected PTSD. In response i dropped my request for a new compensation and pension examination and DRO Hearing for the case.

I wish for it to be known that this dismissal of hearing/exam for Proposal to reduce does not include my request for a hearing and to submit new evidence for my Claim for Migraines. I request that it be known that i still wish to be given a hearing for my request to present new and compelling evidence for my claim for migraines as i believe that the evidence shows that a rating higher than 0% is warranted. I request this hearing not take place within the XX VARO which is the Agency of Original Jurisdiction since i believe this in error as i have moved twice to two different states since my last contact with the XX VARO in early 2013. My Compensation and Pension Examinations took place at XX, XX at the VARO there however i live in XX, Wi and would like to have it take place near my Place of Residence. XX, WI is the closest VARO to myself. If this cannot be done I would request my hearing be conducted by Teleconference or By phone and that i be allowed to submit evidence to the DRO prior to the hearing and go over the evidence in full to make sure all evidence is present at my hearing. I request these options in the order presented as order of precedence. If none of these options are available, and by this i mean unable to be conducted due to legal requirements and not workload, backlog or efficiency for the VA, i request my evidence be submitted and taken to be reviewed by a VSR as a standard claim and considered under the adjudicated Effective date of 9/7/2012 as indicated in Awards letter Decision Date 1/13/2015.

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I dont think i necessarily need a dro hearing to get this done. i have done my homework since the denial and have compiled private phsycian notes, prescription orders, prescriptions through va, headache log and have a consult with Neurologist to occur soon and i think submitting all this evidence is enough for the rater to see a 30%.

Should i wait another month for the neurology consult?

I want to send this out now so that my spot in line for a hearing isnt lost due to them maybe, kindof, possibly confusing the request to drop my hearing/new exam for reduction as a request to drop it all.

I think i will wait until i have the lette rin hand saying the proposal to reduce has been dropped, but wanted to know what everyones opinion was?

Also the 0% was granted as "headaches" and not migraines. is there a difference between the two?

Edited June 26, 2015 by USMC_VET

[Pete53]

I think VA uses fear of reduction Vets from asking for increases