Quite confused on the end result - Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC - VA Disability Community via Hadit.com Jump to content
VA Disability Community via Hadit.com

Search | Rules | Forums | VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • ask-your-va-disability-claims-question.png

    27-year-anniversary-leaderboard.png

    advice-disclaimer.jpg

  • 01-2024-stay-online-donate-banner.png

  • 0

Quite confused on the end result

Rate this question


JBL

Question

Good day to everyone,

 

I have been approved 90% service connected 1 year ago, then I filed for the disability  that is denied from the 1st claim this year. I received a 100% rating 5 days ago but after the next day I checked ebenefits after it has been completed there is 2 pending disabilities on the bottom which was not there on the first day I fund out I have been approved, I have been backed  payed for 2 months after approval and decided to wait for the decision letter to come in the mail to clarify what i saw and today it came in that I was awarded 100% on  the first page and on the secondnce page they are reducing my rating to 80%. all this happened in not even 1 month after approval. The letter states that there is an improvement of the condition on my PTSD(previously depression) and TBI. Any members have this kind of situation? I am really leaning on getting a disability lawyer. Is this the right path to take? Any help would be greatly appreciated.

JBL  

Link to comment
Share on other sites

Recommended Posts

  • 0

Can you scan and post their reason and Bases and the evidence list they used and attach it here?

Cover C file number, name, prior to scanning it.

It certainly sounds odd. Then again you stated there are 2 more  pending claims....

Link to comment
Share on other sites

  • 0

I just went through this, not the exact same situation as you but a predetermination to reduce benefits, specifically PTSD same as you.

As far as getting a lawyer, i think you will have a hard time finding one for the following reason.

VA disability lawyers (and they have to be accredited by the VA to represent you, which i think is a scam, they say its about making sure vets get good reps but i think you should be able to hire whoever you want, if they are a dud and you didn't check their experience tha'ts on you)  cannot just charge you like a normal lawyer would be (say 100 an hour, etc.). 

They work off of basically a commission with a max of 30% of your retro, that % can be negotiated before hand in your contract with them.  They are also allowed to charge "costs" as well, so if you agree to 30% the retro is say 10000, you may owe more than 3k in the end.

That being said for a predetermination for reduction there is no retro that will be awarded, so they will not represent you in the predetermination.  when they will represent you is once the decision has been made and your benefits have been reduced.  once you go to appeal you will be appealing that decision and ina year once its over and say you win back the 100% from 80% you are talking (for 12 months if your lucky for the appeal) around 16k backpay of which they would get around 3200-4800.  which would still maybe not  get you a lawyer.

I called around to lawyers like you are thinking of regarding my case to fight the reduction.  None of them wanted to take it.  Basically they all told me to wait until I was reduced then call them and then they wanted to get me up to 100% on the appeal, which means a bigger payout for them. 

 

So that being said what can you do?

I really need to know better what happened prior to this, i am having trouble understanding a bit the chronology of events.  from what i understand...

 

 

Hadit upload c file.pdf

HADIT UPLOAD EVIDENCE HOW TO.pdf

Link to comment
Share on other sites

  • 0

I wrote for another 20 minutes, and it lost all of it but what i wrote above....nothing bothers me more than that...

So to be quick sinc ei dont have time to rewrite it..

 

You have 60 days to send evidence before the decision

you have 30 days to request a hearing.  if you do your current level 100% will be continued until the hearing is done.  if you lose the case and have to appeal you will ahve to backpay the difference between 100 and 80% which is 1300 a month.  I would stick that 1300 away in a seperate bank account so you arent out the money and get your 80% pay garnished.

Request your C File, look at the files i sent above, regarding gettin gyour c file and submitting evidence properly.

You will need to send a statment to the VA requesting the hearing, so in that statment write that you are requesting your cfile and that the VA can track the progress of that request. and you wish to have 30 days upon receipt of the C File to review it before the hearing. 

 

please upload the letter that awarded 90% last year and the one that you just got.  scan and upload it in full.  remove name and social.  but include all of it.

go and get a independent medical exam for tbi and ptsd.  message me for a ptsd ime person who is very good, search imenet.com for neurologists close to you.  get htem to write  a ime report and fill out the dbq.  they will prbably be around 500 each, but its worth its weight in gold for a claim or appeal.

sorry i cant write more in depth.  i had a bunch of stuff in there, but it was lost.  upload the docs and i will be able to write more in depth at that time.

Link to comment
Share on other sites

  • 0

Good eve everyone,

Sorry fro the late reply, I have been trying to seek answers all day with lawyers but apparently they really don't tackle and heard anything like my case or some of them just make excuses not to take me just as USMC Vet stated. Attached is the forms I have received from the VA. 

Thanks to everyones quick responses. My brain is already fried trying to seek any information today. 

File1 copy.pdf

Link to comment
Share on other sites

  • 0

Can you scan and post their reason and Bases and the evidence list they used and attach it here?

Cover C file number, name, prior to scanning it.

It certainly sounds odd. Then again you stated there are 2 more  pending claims....

The first day I checked ebenefits ma'am that the claim is complete the pending is not there. The next day I checked to see if they sent the notification letter it stated on the dissabilities browser that I am 100% rated but on the bottom there is 2 pending. 

Link to comment
Share on other sites

  • 0

I wrote for another 20 minutes, and it lost all of it but what i wrote above....nothing bothers me more than that...

So to be quick sinc ei dont have time to rewrite it..

 

You have 60 days to send evidence before the decision

you have 30 days to request a hearing.  if you do your current level 100% will be continued until the hearing is done.  if you lose the case and have to appeal you will ahve to backpay the difference between 100 and 80% which is 1300 a month.  I would stick that 1300 away in a seperate bank account so you arent out the money and get your 80% pay garnished.

Request your C File, look at the files i sent above, regarding gettin gyour c file and submitting evidence properly.

You will need to send a statment to the VA requesting the hearing, so in that statment write that you are requesting your cfile and that the VA can track the progress of that request. and you wish to have 30 days upon receipt of the C File to review it before the hearing. 

 

please upload the letter that awarded 90% last year and the one that you just got.  scan and upload it in full.  remove name and social.  but include all of it.

go and get a independent medical exam for tbi and ptsd.  message me for a ptsd ime person who is very good, search imenet.com for neurologists close to you.  get htem to write  a ime report and fill out the dbq.  they will prbably be around 500 each, but its worth its weight in gold for a claim or appeal.

sorry i cant write more in depth.  i had a bunch of stuff in there, but it was lost.  upload the docs and i will be able to write more in depth at that time.

Where can I find a  IME to fill out a DBQ report? Are IME and neurologist going to be different doctors? how do you search for good reputable IME and neurologists?

Thanks in advance

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use