C&p Done By My Dr. ( Need Help....) On Rom Degrees

[Vet2015]

I have a rating of 40% for degenerative bone Disease in my elbow they trying to change to 10% . I Did a C&p from my physician also yesterday to take to my hearing. on the ROM for Flexion he check the box "Not indicated" and on Extension he wrote 160 degrees, forearm Supination he checked "not able to perform", forearm pronation he wrote" minimal"..... Is this good or bad. Thanks

[Gastone]

What's your exact SC DX code? During the year since you were rated 40%, what's changed? Are there VA Clinician notes, in your MHV File, indicating marked improvement.? Have you been receiving ongoing VA treatment or physical rehab?

I think I saw the "Reduction" info in the VA M21-1MR regulations. I'll see what I can find.

Then there is the question, do you agree that your SC Condition has improved or is it the same or worse? I'm going to have to get up to speed on Joint SC ratings.

You filed for a Hearing, an Official NOD? Did you send any supportive N&M Evidence?

Semper Fi

Gastone

[Vet2015]

This is the C&p done by the Va. From this c&p they proposal to reduce from 40% to 10% for my sc dbd left elbow claim.. Its only been 1 year after they sc this dbd claim......

Edited July 25, 2015 by Vet2015

[Carl the Engineer]

What is the current 40% rating based on. What does the 40% decision say regards your elbow.

[Vet2015]

What is the current 40% rating based on. What does the 40% decision say regards your elbow.

Here is the initial rating and service connection.

[Carl the Engineer]

Thanks, I went back and read mine. I got 20% for flex right elbow to 80 degrees. However, I do not have any statements of "likely improvement" or "not considered permanent".

For what its worth, I did get a list of my sevice connected disabilities from my CVSO, that they get from the rater. She said I was probably not supposed to see it, but she made a copy of it for me and left off the raters name, etc. It listed my elbow and some of my other disabilities as "static".

I just found this, I will be 55 next year, yippie.......

Can the VA Re-examine Me and Downgrade my Disability Compensation?

Yes, indeed, the Department of Veterans Affairs does have the right to re-examine you, and if the facts warrant it, downgrade your disability percentage. This is generally true for any veteran whose disability rating is anything less than “P & T,” or “permanent and total,” and for veterans whose disability is not considered “static.”

“Permanent and total” is, of course, self-explanatory – if the disability is permanent, there is of course no point in periodically reassessing it.

The same is true for a static disability. A static disability is simply disability that is not going to go away over time. For example, if you are missing a leg, that leg is not going to grow back, no matter how much therapy the VA throws at it. That would be an example of a static disability: The VA does not need to reexamine you in order to verify that you haven’t grown another leg since you were last evaluated.

These ratings are called “protected” ratings. The VA cannot reduce your benefit for a permanent and total or static disability. However, even 100 percent ratings that have been in effect for less than five years may be reevaluated.

For everyone else, though, the VA can and routinely does schedule a re-examination to assess whether there has been any improvement in your condition that would justify a reduction in your disability compensation.

Often, the VA will call you or send you a letter informing you that you are being scheduled for a re-examination. They will normally do so about every five years, or until your condition either vanishes or becomes static or permanent and total.

If you are scheduled for a re-examination, you must go to the exam if you want to keep your disability rating. If you miss the exam, you can expect the Veterans Administration to reduce and possibly eliminate your benefit, according to Jim Fausone, an attorney with Legal Help for Veterans, LLC, a Michigan Law Firm that specializes specifically in helping veterans deal with the Veterans Administration.

However, if you have been classified with the same rating for 20 years – a continuous rating in legal terms, the VA cannot reduce your rating unless they can demonstrate that you have committed fraud.

According to Chris Attig of the Attig Law Firm, a law firm specializing in federal employment issues, the VA should not attempt a benefits reduction if:

• The disability is static
• The disability has been persistent for at least five years without material improvement
• The disability is permanent and cannot be expected to improve
• The veteran is over age 55
• The rating is already at the minimum
• A reduced rating for a given disability will not affect the total rating.

The age 55 limitation is significant: Veterans approaching retirement age can feel reasonably confident that the VA will not move to reduce their benefits when they are too old to reasonably reenter the work force.

[Vet2015]

So is 160 degrees on elbow extension good or bad.... I got 40% for 110 or more,, so how does that work..