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Notified by VA of Impending Rating Drop

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DFW_Engineer

Question

Good morning.  I received a letter yesterday stating that the VA noted "some improvement" so they are planning on dropping my service-connected PTSD rating from 50% to 0.  

I am, by no means, better in any way.  I am still on meds (as a matter of fact I am on bigger dosages) and there have been run ins with the law, issues at work, etc in the past couple of years.  Apparantly I missed a re-evaluation meeting 2 months ago  (didn't know I had one) and this appears to be the driving force.

What is the best way for me to approach this?  I figured some of you guys on here have probably dealt with the same thing.  Should I just expect to lose my benefits in a couple of months or is there hope for retaining them?  

I appreciate any expertise or advice anyone may have on this matter. Thank you.

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This might be one of those situations where you really do need to contact a VSO-Rep, preferably at the RO or at your VMC. You need to move on this, yesterday.

No matter the reason for missing the C & P, it ends up on you. Do whatever is needed or possible to stop the Reduction, you can't file a NOD until you receive the actual reduction.

Unless your in jail or the hospital, I'd recommend a personal trip to your RO, for a couple things. 1st see the MFIC of your VSO or any other VSO. You need a face to face to discuss your plight and they have greater computer access to you claims file, than do the VSO-Reps located at Satellite offices.

While your at the RO, request to see your C-File. No appointment is necessary, it's 1st come, 1st serve. You could even ask to see the Rater handling your reduction, not much chance but I'd give that a try also.

Semper Fi

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  • HadIt.com Elder

You can file or Request a DRO Hearing on a ''Proposal to Reduce'' within 30 days after you recieved the letter.

If you got a letter from VA ''Proposal to Reduce'' 'they should include instructions on  what you need to do.

......JMO

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

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Your Rating Reduction Clock started ticking down, the Date the VA Letter was generated, not the date you received it. It's not a matter of what you "CAN" do, it's what you "MUST" do, to stop the Reduction. File for the Hearing within the 30 days and supply the Medical Evidence within 60 days of the Letters Origination date.

You received the VA Letter, 05/17/16, what was the DATE on the Proposed Reduction Letter? Have you filed an Official Request for a Proposed Reduction Hearing on a VA 21-4138, sent US Mail Certified Return Receipt Yet? If not, why?

Filing the Official Hearing Request within the 30 day period, will put the Reduction Decision on hold until the Hearing & New Evidence are reviewed. Your failure to meet these deadlines, will result in the Rating Reduction Administrative Decision, NOT GOOD. Next stop, The NOD Train.

Semper Fi

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