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.

[321Iamdone]

"They found him unemployable for his depression and kept him at 50%,"

that doesn't make sense. Unemployable due to SC is 100% or TDIU.

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

Did they ever list the SSDI records as evidence?

1.If VA was aware of your husband's SSDI records and did not obtain them, that is a CUE.

2.If VA had those records but still ignored them, that is a CUE.

If VA does not know about the SSA award, your husband shoild whip it out at the hearing, and based on what you stated here, that would fix them but good.

You said the award was solely for his established SCs.

You have very little time left to request the hearing. That must be done.

If the answer is Yes to # 1 or # 2 above, you can send an IRIS complaint.

Tell them it is a CUE under evidentary regulations in 38 CFR. 4.6 in the IRIS complaint and tell them about the proposal to reduce.

Gert an email response from IRIS so that cant make stuff up on the phone.

I have filed many CUEs under IRIS (first one in 2005) as well as multiple CUEs via email lately because my printer was broke.

The CUE might cause them to stave off or drop the proposed reduction.

IRIS complaints go to the VAROs as well as to VA Central.

They sure acted fast on my last complaint that included another CUE.

But act on askinmg for the hearing now too and make sure you get USPS tracking slips for anything you send to them in writing.

Thank you soooo much for the info. We have request for a hearing and the VA has received our request, and on ebennies it states that the completion of the hearing request or claim will be estimated on 10/27/2016 until 07/18/2017. So it looks like it will take awhile.

to answer your question about the VA knowing about his award for SSDI, they know about because we submitted that as evidence for is award for TDIU. They requested that info for his claim for TDIU.

I agree I can't believe that they kept his MDD at 50%, but states he is unemployable and threatening to reduce him from 70% to 60%, because they say his skin condition has cleared.

If there is a hearing, we will make sure we bring all our evidence, including his award from SSDI.

Thank you everyone who has responded, and giving us a wealth of knowledge. I will keep everyone who is interested posted.

[Berta]

http://www.benefits.va.gov/warms/bookc.asp

This is the VA Schedule of Ratings...in around 2008 the skin ratings changed.

They might have rated him wrong

[63SIERRA]

was he initially rated Pand T with no future exams scheduled?

Also you need to look at the symptoms he is having and compare them with the 38cfr regulations. Many times the vet qualifies for the next higher percentage because even one symptom is in the higher percentage criteria, but the VA doesnt correctly rate.

For example, if a person with a mental health disorder has 5 symptoms at the 50 percent rate, and 2 that are in the 70 percent rate, the veteran should really get the 70 percent rate.. Va doenst try to do this,, they try to go to the lowest rating.

Also if there are several different conditions that can give similar symptoms, unless the examiner can provide proof of reasonable certainty which condition is causing which symtom, ALL symptoms must be attributed to the service connected condition,,

THE LAWS FAVOR THE VETERAN QUITE HIGHLY, BUT THESE LAWS ARENT BEING FOLLOWED. THE RATERS HAVE CHIPPED AWAY AND FUDGED THE LAWS TO SCREW THE VETERAN AND THE WHOLE SYSTEM HAS BECOME DISCOMBOBULATED OR THE RATERS JUST DONT HAVE THE EXPERIENCE AND KNOWLEDGE NEEDED TO PROPERLY PROCESS CLAIMS ACCURATELY.

CHANCES ARE THERE IS A MAJOR MIKSTAKE ON YOUR CLAIMS THAT IS NOT IN YOUR FAVOR !!!!!!!

Edited August 9, 2015 by 63SIERRA

[63SIERRA]

Forensically examine every service connected condition and its symptoms against the 38 cfr, and see if they are matched. also see what conditions may be caused or aggravated by existing service connected conditions. the rating should reflect symptoms suffered BEFORE the medicated physical or mental state.

MOST medications have side effects, which can also be service connected... many anti depressants cause erectile dysfunction.

The human body is a chemical and electrical masterpiece. When one system is out of balance other systems are affected.

Here is an example. I have neck pain, due to degenerative discs in my neck.. ok, the nerve in my neck is getting pressure and pinched. this signals my brain to contract the muscles in my neck and upper back, and causes spasms.. so there is muscle pain. Also I have numbness in my arms and hand due to the nerve being pinched in my neck,, so I dont sleep well because the pain awakens me if I sleep in any but one exact position... Ok I take muscle relaxers for the muscle pain, which causes fatigue and tiredness, the fatigue and tiredness causes inactivity, the inactivity causes weight gain, the weight gain causes joint pain, the joint pain causes neck pain, weight gain and muscle spasms cause depression, I take depression meds, depression meds cause erectile dysfunction, erectile dysfunction causes more depression because lack of sex is depressing, so I take viagra, viagra causes intense hunger, so more weight gain, dont want to take it, because already obese, but want to pleasure wife, ok,,, just saw commercial on tv,, viagra causing skin cancer, now more depressed worried abt new spot on calf, that might be skin cancer.. its a damned hamster wheel I tell ya

Edited August 9, 2015 by 63SIERRA

[Buck52]

he may need to get a IME/IMO with a Board certified stating that he can't work due to his SC Disability's. send the letter in and take copies with you

as evidence to present at DRO Hearing.

This could lead to this

BASED ON NEW AND MATERIAL EVIDENCE AT THIS VETERANS HEARIN'' ''a increase or keep the TDIU in warrented instead of a proposal to reduce this veteran TDIU rating affective Immediately

or something similar

.........jmo

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

Edited August 9, 2015 by Buck52

[Gastone]

Because he has requested a hearing within the 60 day alloted time to do so, if I recall the reg properly, no averse action (reducing comp payments) can take place. If your were denied at the 2016 Hearing, could owe some big bucks, so don't lose, right.

Semper Fi