degenerative arthritis IU being redueced because of VA fast letter 13-13

[Cybernick1]

My benefits are being reduced as of October 1, 2015 going from 80%, being paid at 100% for unemployability, to 70% no TDIU

Main reason. VA fast letter 13-13.  

Currently:                                                                                                                      Changes:

Pes planus, bilateral severe deformity left foot ( prior to surgery)   50%                     Pes planus bilateral, status post Flexor Digitorum Longus      30%

avascular necrosis with deformity, status post fusion, left ankle     20%

Mild degenerative disc disease, lumbar spine                                10%

Osteoarthritis right knee                                                                  10%

degenerative arthritis, right hip                                                        10%

Tinitus                                                                                               10%

 

My application for IU was submitted on June 25th 2013 8 days after VA fast letter 13-13, I had to tell my AMVETS rep about the fast letter he did not know anything about it sent to Chicago.

He reviewed it and concluded that it seems they just wanted to the one main condition that is keeping me from employment. So we in box 7 just put Pes planus bilateral.

That's all they looked at, but if my application would had been 9 days earlier, they normally woul;d have considered all my disabilities not just my feet and I don't think this reduction would happen.

I found out that the VA gave me IU solely on the condition of my feet and that's all they are looking at. Only had C&P for feet. I asked the examiner if that was all he was going to check he said yes.

I contacted my rep and was instructed to wait they will have additional C&P's. It never happened. In August and December 2013 had surgeries. First surgery to reconstruct deformed left foot screws

and plates added to build arch. Tendons move. Second surgery to fuse left ankle.

Was awarded original IU retro to last day worked in September 2012, received award letter July 2014 VA said I was awarded IU soley on my feet, and also in same envelope notice to decrease benefits because of the surgery on my feet.

Received SSDI on first attempt all issues for Social Security are service connected.

Earlier this year after contacting AMVETS they said they did not see any activity to reduce my benefits, again they were wrong.  I received the Final award letter form VA in late June 2015 that says benefits reduction date effective 1 October 2015. I have been franticly trying to get my reps to take action.   All this because of a rule change the VA made abruptly and with no grace period.

I have been and still trying to get more medical evidence and I have some but after contacting NSO in Chicago they say only recorse besides 4 to 7 year appeal process is to quickly resubmit another application for IU  form 21-8940 with all disabilities, and unless I don't want it to take years submit separate DBQ forms from Doctor with it. Example for 21-0960M-5 for feet, 21-0960M-14 for back pain and groin numbness. That form alone is 11 pages. They probably know my clock will run out before I have all the stuff I need.

My SC disabilities have gotten worse. Back is disabeling worse than before causes groin numbness radiating down legs, frequent urination. R Knee has episodes and I ware a knee brace, always use a cane have special shoe inserts and r heel1/4 inch riser, I have a leg length inequality, first diagnosed USAF in 1987.

Ankle and feet still hurt still can not walk far, stand long, sit long and can't sleep and in the last several years have developed depression due to my chronic pain, I have just started seeing a shrink for my problem on Xanax. Have not taken any VA claim action yet on my psychological problems, guess that will come hopefully if they say I have a problem. My psychologist believes I do.

I thought that once on IU to reduce they had to perform another C&P and consider all SC disability issues, Fast letter 13-13 threw that out the door.

Anyways I figured I am just screwed.

What a bunch of  bull VA is

 

[Cybernick1]

UPDATE :  Went and switched VSO today no longer with AMVETS.  now with DAV wow what a difference, in 5 minutes the DAV NSO looked at VA decicion paperwork and said they can't do this. They used same exam to award and then reduce my IU. He call a VA manager said he had a strange situation with my claim and said that that manager has lots of power and believes it can be stoped or at least reinstated.  DAV NSO said don't need to do anything more medical wise for me to retain IU,  the VA in Chicago did not read all of my application and did not follow all the rules.  Thank you DAV what a difference will update more later.....