Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • homepage-banner-2024-2.png

  • donate-be-a-hero.png

  • 0

Rating Reduction from 100% to 10%

Rate this question


cg1979

Question

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?

 

Edited by cg1979
Link to comment
Share on other sites

Recommended Posts

  • 0
  • HadIt.com Elder

I stand corrected  broncovet is right!

However he needs to let them know what his intentions are ASAP.  Ask for more time, this proposal had to come from that C&P Examiner, must have mention he showed an improvement, ....>check this Examiners credentials also!

 

Buck

Link to comment
Share on other sites

  • 0

I was able to upload the files today. As mentioned above I was sent both a proposal and a decision letter on the same day. Attached is the pertinent information from each letter.

Decision 1.jpg

Proposal 1.jpg

Proposal 2.jpg

Decision 2.jpg

Proposal 3.jpg

Edited by cg1979
Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

You need legal help from an experienced attorney who has been thru this before. Also an IMO would be a good idea.

The VA isnt playing games here. They play for keeps.

J

Link to comment
Share on other sites

  • 0

The letter is a decision letter but in there they do use the word "proposal".  Any proposal to reduce will be in a decision letter, basically...their decision is that they propose to reduce and WILL unless you say you disagree within 60 days. 

 Are you 100% only based on this one condition or are their others?

I wanted to say to broncovet, that i do agree that a NOD is not the appropriate vehicle for a reduction proposal.  I was only going off what i had done, and while you are right, the VA, at least for me took my NOD in the spirit it was intended.  Didnt mean to sound combative if it was taken that wya... anywho..

 I would ask for...

1) a Hearing to present evidence and hear the facts of your case in regards to the proposal to reduce.

2) A new C&P exam

3) Request all your benefits be continued to be paid at the current rating level until the final decision is made.

Now with #3 you will want to be careful.  This means they will continue to pay you at your current combined rate (100%) but if you lose you will have to pay back those months if you are reduced to 10% which is a big number.  What i did was when i was waiting to hear the results of me reduction I lived like i was making the reduced amount and socked away the difference.  If i lost the case i could pay it back easy, and if i didnt lose i had a nest egg.  100% to 10% is a far bigger difference than in mine.

I cant recommend enough going and getting a SUPERB GREAT Independent Medical Exam.

Link to comment
Share on other sites

  • 0
  • Moderator

USMC Vet..no offense taken, and none intended.  We are on the same page here, trying to help a Vet.  

 I read earlier where a Veteran filed a NOD to a "Proposed Reduction" and it did not go well for that Veteran.   The VA trashed the nod then told the Vet it was too late for him to now request a hearing, or to dispute the rating reduction.  VA can be anal when it comes to using the right terminology, right form.  

 

Katrina Eagle, in an artilcle about 4 years ago on reductions, suggested you always ask for a hearing in proposed reductions.   

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