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hypertension Rating Reduction from 100% to 10%
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cg1979
Back in March of 2013 I was awarded a schedular rating of 100% for hypothyroidism, 20% for meniscal tear right knee, 20% for meniscal tear left knee, 10% tinnitus, 0% hypertension, all of which were retroactive to August 2011. In August of this year I was sent to a C&P Exam for my hypothyroidism, my condition has not improved and in fact has worsened, I explained this to the examiner but she seemed reluctant to accept it since I am on medication. A day or two after the C&P exam I sent a letter (certified mail) to the VARO stating that I have not improved and listed the symptoms that have worsened and the symptoms that have remained static. A few days ago I received a letter, dated Sept 23, that the VA is proposing a reduction from 100% to 10% for hypothyroidism because they "noted some improvement", the letter states that my combined evaluation will drop from 100% to 50%. I also received a second letter, dated Sept 23, it states that they made a decision and the hypothyroidism is rated at 10%, the effective date is left blank, it also states "your current benefit payment will continue unchanged." I was also just informed that they want to send me to another C&P exam for my knees.
I should also mention that I have not been to a VA doctor since my original award so the only evidence that they have listed on the proposal letter is the original March 2013 award and the August 2015 exam.
From my research I thought that a 100% rating required the VA to prove a material improvement under the ordinary condition of life. Their incorrect assertion of some improvement is not necessarily "material improvement" and I also do not lead a normal daily life since I do not work full time, I have my own part time business that I come and go as I please depending on my energy levels and how I feel, earning little to no income.
I thought that I had 60 days to respond to the VA with evidence regarding the proposed reduction. How can they send a proposal and decision letter on the same day? It's also odd that the decision letter states "your current benefit payment will continue unchanged." and that their is no effective date.
Currently I need to find an attorney that is a expert in VA claims as well as a doctor to verify that my condition has not improved since my previous award decision. Do you have any recommendations? or any other thoughts on this subject?
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USMC_VET 6 posts
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Buck52
Well you probably got an idiot looking at your claims! The only thing I can't think of as to the VA said they ''noted some improvement'' in your? they don't state what the improvement is from (disa
broncovet
The first thing you need to do is request a hearing, and get competent help for it. You want to argue that your conditions do not meet the criteria for improvement, below: § 3.343 Continuance o
broncovet
Whoa, HOSS! YOu want to ask for a "reduction hearing" not a DRO hearing. You dont file a NOD with a "proposal to reduce". Its just a proposal, with the required sixty day notice, but you must do th
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