degenerative arthritis Letter From The Va To Reduce Tdiu

[321Iamdone]

Hello my husband is rated 70% currently for major depressive disorder and panic disorder without agoraphobia (claimed as depression) 50% since 03/2010

tinea versicolor (claimed as skin condition) 30% since 03/2010, proposed to reduced to 0%

residuals, left hand injury with degenerative arthritis of pinky finger metacarpocarpal joint 10% since 03/2010

intermittent vertigo 0% since 03/2010

ganglion cyst, dorsum of left wrist 10% since 03/2010

we received a letter from the VA saying they proposed to reduce his rating from 70% to 60%, because he had a C&P and the examiner just looked at his back for 2 seconds and said he is clear of his versicolor and the exam was over. Well we went to another doctor( outside the VA, and that doctor stated he still had it and prescribed medication for it. In the letter, the VA stated in order to get 10% for versiclor, my husband had to have been prescribed a steroid type medication not a topical anti fungal cream. Well he received an anti fungal cream, but they still said they will drop his percentage to 0% for his versicolor.

Then a few weeks later we received another letter stating that they will stop his TDIU he have been receiving for 2 years, because the propose rating will make him not qualify for TDUI, because he will now be 60% instead of 70%

.

My questions is this, he had a C%P done a few weeks ago and it was for both the versicolor and his depression. They found him unemployable for his depression and kept him at 50%, and of course said he was clear of his versicolor and proposed to drop that from 30% to 0%

How can we fight this? Can he still receive TDIU, even though he is 60% and still considered unemployable? Any help on this matter will be greatly appreciated.

Also my husband receives SSD solely based on his service connected disability.

[Buck52]

he can still qualify for TDIU at 60% SC, If he can't work because of his SC disability then Appeal the propose to take it away from him!

I never heard of them taking TDIU away for some other disability that may have improved and his other disabilities render him total disabled and can't work.

some disability's will improve and some won't.

And they can't take away his TDIU with just a proposal they have to have your hubby to take 2 C&P Exams to find improvement, and its even hard if the disability is a mental one!

check his recent medical records from his VAMC and see what the Dr's have said.

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

[321Iamdone]

Thank you for your reply Buck!

I checked his VAMC and for the versicolor, the doctor states that there was no sign of the skin disease, my husband said the C & P examiner just looked at his back for a few seconds, but he has it on his arms and lower back and waist.

it comes and go, mostly when it's warm and humid and when he sweats. The time of the exam, it was not that bad, but we went to another doctor a week later and it was showing signs of an outbreak, so the doctor prescribed him anti fungal cream.

I wrote a letter explaining that we wanted an hearing and explained in detail why they should not stop his TDIU. and attached a copy of the other doctor diagnose and opinion.

I also attached a copy of their regulation explaining if a veteran does not meet the criteria, that they should consider extra scheduler based on him being unemployable, also that once a veteran has been receiving TDIU, that the V.A. has to find credible and strong evidence, that the veteran is employable.

During the mental C&P, The C&P examiner made an appointment for my husband to see a physiologist,because she stated his Major Depressing Disorder is really bad, she felt bad for him. He had that appointment on the 6 of July and that doctor diagnosed him with PTSD. I have checked on my health vet and it had a disability questionnaire, very detailed and on it it states that his PTSD is service connected based on his military medical records. Should I include that in the request for hearing and evidence to stop them from stopping his TDIU, even though we have not filed a claim for PTSD as of yet? He also saw his primary Doctor first, before his metal appointment, and his primary doctor also advise that she could not see any versicolor on him, but advised he take the medication he received from the other doctor. All that information is on his VAMC. and my health vet.com.

This is all overwhelming and I am trying to get the most information I can get to help my husband, while trying to keep our family living and surviving.

I really appreciate this website soooo much with all the wealth of information and very knowledgeable people. Thank you all for your help!!

and thank you Buck for your quick reply!!

l

[GuaymasJim]

Request a hearing immediately! I mean tomorrow. They shouldn't reduce until the hearing is conducted.

[Gastone]

Look up actions needed to be taken by a Vet that receives a VA "Adverse Action" intent letter. You have 60 Days to file a NOD, but you must supply Evidence with the NOD, contradicting the VA's position.

As far as the "Proposed Reduction's" affect on his IU, don't concern yourself with that. He got the IU award based on his MH SC, not a Skin Condition rated at 30%. The 30% SC just got him to the Scheduler Eligibility for IU. Unless he had major MH improvement or began earning SGI, shouldn't have an IU problem, with a proposed IU Reduction.

The proposed SC reduction will not affect your monthly IU Comp amount. What evidence was stated for the reduction?

Semper Fi

Gastone

[broncovet]

I agree with the above. Request a hearing, and post their resons for the reduction. Look over the exam report, what does it say? Its unusual they have a favorable c and p and then make a proposal to reduce. Are you sure it is favorable? Do you have a representative? Does he know this? You want to fight this. Hopefully you have copies of your exams and c file, and if you request a hearing request that it not happen until you get copies of all your records. You dont want to go into a hearing "blind", not knowing what your records say.

Are you working? If you are, then expect your TDIU to be reduced. If you are not working, then fight it. They have to show improvement "under ordinary conditions of life" that is, working. If you are not working how do they know you can work?

Edited July 17, 2015 by broncovet

[iceturkee]

Hello my husband is rated 70% currently for major depressive disorder and panic disorder without agoraphobia (claimed as depression) 50% since 03/2010

tinea versicolor (claimed as skin condition) 30% since 03/2010, proposed to reduced to 0%

residuals, left hand injury with degenerative arthritis of pinky finger metacarpocarpal joint 10% since 03/2010

intermittent vertigo 0% since 03/2010

ganglion cyst, dorsum of left wrist 10% since 03/2010

we received a letter from the VA saying they proposed to reduce his rating from 70% to 60%, because he had a C&P and the examiner just looked at his back for 2 seconds and said he is clear of his versicolor and the exam was over. Well we went to another doctor( outside the VA, and that doctor stated he still had it and prescribed medication for it. In the letter, the VA stated in order to get 10% for versiclor, my husband had to have been prescribed a steroid type medication not a topical anti fungal cream. Well he received an anti fungal cream, but they still said they will drop his percentage to 0% for his versicolor.

Then a few weeks later we received another letter stating that they will stop his TDIU he have been receiving for 2 years, because the propose rating will make him not qualify for TDUI, because he will now be 60% instead of 70%

.

My questions is this, he had a C%P done a few weeks ago and it was for both the versicolor and his depression. They found him unemployable for his depression and kept him at 50%, and of course said he was clear of his versicolor and proposed to drop that from 30% to 0%

How can we fight this? Can he still receive TDIU, even though he is 60% and still considered unemployable? Any help on this matter will be greatly appreciated.

Also my husband receives SSD solely based on his service connected disability.

i got IU, permanent and total, at 60 percent!