Proposal to reduce my benefits

[amirsun]

See the document attached was sent to me this week from the VA. What do I need to do about this? Advise please

VA doc 2015.pdf

[Buck52]

Yes Mam Ms Berta

Every veteran should read & copy USMC_VET post above on how to submit evidence to the VA...First time claim, proposal to reduce or on Appeal 

this would make it very hard for the VA to deny.

 

Great post USMC_VET

 

 

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

[rootbeer22]

Buck52;

Bummer about this and I hope it works out for you? Unfortunately, my bet is that they pulled the trigger on this reduction very fast  & without fully  looking at all of the evidence that may be in your c-file...hopefully you can clear this up? Based upon my own experience with CP exams, it's a "crap shoot"  sometimes for the docs to look at "all of the evidence"  in a Vets file? Recently, I had a CP exam where the contract doctor was very disorganized and there were Vet's files were strewn all over the place? There was no receptionist and the office was filled with Vets waiting to be seen and  it was clear that the doctor was trying to save money with short staffing? Frankly, I should have taken a picture of what I saw and sent it to the VBA because there's no doubt in my mind that some mistakes were being made on the CP exams write-ups as they were being rushed ..... but, the Doc's words on the write-ups are gospel...even if mistakes occur ..so hopefully she was getting it right?  Good Luck and Godspeed Rootbeer22...

 

 

 

[broncovet]

You have been given good advice.  I will add only this.  

Katrina EAgle had an article about 3 years ago on what Veterans should do with a PR.  

The first was to ask for a hearing, as you have already done.  

She pointed out that Vets often make the mistake of trying to show VA that you meet the criteria for the higher rating.  She said not to do that.  

If you have had your rating over 5 years, or are P and T, then the VA has to show you "actually improved under ordinary conditions of life" to reduce you.    And they need to show you improved SINCE YOUR LAST VARO DECISION which "continued" your rating.    You see, even if you were being rated for tinnitus, and denied, then they "continued" your old ratings.  This means the VA has admitted you did not improve.  So, if they NOW say you have improved, they need to show evidence of improvement AFTER that decision.  

Why is this important?  

    Because the burden is on VA to show you improved.  If you did not improve, even if your rating 5 years ago was overly generous, they still can not reduce you, without showing improvement.    Whether or not you meet today's criteria for your rating is irrelevant; the only relevance is whether or not you "actually improved" since your last VARO decision.

    The reduction criteria makes it clear that you can not be reduced on a single exam  UNLESS this exam is consistent with the rest of the facts, all pointing to actural improvement.    And, significantly, your "actual improvement" can not be "episodic", but has to be sustained improvement.  In other words, if I had a leg sawed off, and "felt better" on the day of a C and p exam, this is not a sustained improvement..everyone has good and bad days.  

    Since you are at 100%, the VA, when they awarded benefits likely saw a malady that was severe enough for you to not be able to work, or you have TDIU. 

     Are you working now?  If you have TDIU and are working, or if you have 100% for depression/PTSD/MST and are working, the VA may be able to show you have "actually improved" and can now work, "under ordinary conditions of life". (UOCOL)   

UOCOL, normally  means you are working, because "ordinary" people work, and disabled people, generally do not.  

[jbasser]

We really are only speculating here. the OP has given us no details to answer this issue. Probally just an IU issue. 

 

[USMC_VET]

SUPERB Advice USMC-VET

Do you mean this is a Kindle e-book on your profile?

Over the years I would  often send a small donation to vets orgs.I wanted to get the name/address stickers from them, to use on every page of my submissions, so I wouldnt have to keep typing or writing that out on each page.

I always used Yard sale colored stickers to mark the evidence but instead now I use professional Exhibit stickers.

I know you covered this but I also mark anything I send as page one of 10, 2 of 10 etc etc at the bottom of each page, in any cover letter I send and then I always list the exhibit list at bottom of the cover letter thus:

Exhibit # A    August 13,1988 ER Certificate 1 page

Exhibit #B   August 13, 1988 EKG                  1 page

Exhibit # C  September 5,6, 9, 10, 1988  1988 ,ER certs. 5 Pages

(that is basically the beginning list of evidence of my original 1995 FTCA and  1151 death claim.)

It doesn't matter how a claimant does this but Evidence is Everything.

As I well know, it does not matter how meticulous a claimant can be on submissions and carefully listed evidence, the VA can and will often overlook the most critical evidence you have.In 2003 the BVA was the only entity at VA who acknoweldged 4,000 bucks worth of my IMOs. and awarded.( had a double DRO review and still these IMOS were ignored but the VA.

These days however I use CUE under 38 CFR.4.6 if they violate this reg right off the bat,in order to erroneous deny any of my claims.

My recent April (2015)1151 HBP denial was reversed in mere weeks after I used the reg in CUE against them.

In my pending issue I want them to properly apply other regulations I cited as pertinent to that claim, and I was promised a claims expert at my RO would read and call me on Monday....so far no calls...

I asked him to even contact the General Counsel VA because they know what those regulations mean.Twice before the RC and GC at VA had to send them the same regulations I sent them,( in 2003 and in 2010) to get them to properly apply them to my claims.

Hopefully everyone here with a spouse has tried to give them a good handle on their claims and what the DIC process is like,and also how accrued benefits work, when they are no longer here.We have a new member, a widow, and unfortunately she did not give us any concrete info yet as to what she can expect from the VA.I gave her all the info I could but it was just guessing because we don't have the facts. I hope others here will help her, when she returns.ALL of us need to be up to speed on DIC.

(had to edit , I almost forgot.....I put my C file number on EVERYTHING I send , on every page too, unless it is a medical record or past decision on which it already appears.

 

 

 

As far as the ebooks i mention, it was shapping to be mostly free with a few paid ebooks, however i have since decided to move to a donation based model.

All ebooks will be free, i may offer compilations for a price later, not sure, but for the time being (1+yrs) will be all free, and will ask for donations when downloading or later via paypal if you win your case and though the info helped you along the way type of thing. wont have that updated on the site until next week though.

[Buck52]

rootbeer,

It was not me...not yet anyway!!!

 

...Buck