CUE or NOD

[AgentOrangeWife]

Hello,

FIrst time post:

Can anyone tell me if a rating reduction (from 100 to 60% for a service-connected disability) done without a reexamination is a CUE or a NOD? Less than 5-years rated. Here is a BVA case which parallels my husbands exact situation (citation 1428283).

Thanks for this really helpful website!!

A/O Wife

Edited March 13, 2017 by AgentOrangeWife

[Gastone]

What Medical Evidence did the VA Site for the "Intent to Reduce?" Just maybe, the 100% DX has improved.

I'd still appeal it, you'd have plenty of time to figure out a repayment plan for 2021. Losing about $15K a year today would definitely be a life altering experience.

Semper Fi

[Buck52]

 I applied for Increase from my 50%.... Went to a C&P at my VAMC, & About 30 days laterI recieved a Proposal to reduce and was given 60 days to respond, I Requested a DRO Hearing at  R.O. and they set it up within 2 months after I sent in my Request  but I did so within the 60 days.

The proposal was  because a VA Dr had opine that my S,C. Disability  has improved....(in which it was actually worse ), so I seen a Private Specialist  and his impression was  a lot better in detail than the VA Dr'

I Ask for an increase and applied for IU because my S.C. Disability kept me from working, I was in Voc Rehab at the time  and my counselor wrote me a letter thar it was unfeasable to retrain this veteran because of his S.C. Disability's   and was Awarded TDIU P&T at the DRO Hearing   the DRO Expedited the Award. ( This was back in 2003)

Seems after that the VA Left me Alone.

Since this happen I have did 2 more claims and Awarded SMC S 1 H.B. and currently working on SMC-K  Actually its in ''Pending Decision Approval''

So your best bet would be to get in your NOD and request  DRO Hearing and get an IMO/ME to take as new and materiel evidence   to Have a Specialist to see your hubby and have him to write out his impression on your hubby's S.C. Disability  take him  all your VA Medical records on what your claiming....he needs to read them  the ones that pertain to this preposal.

And  have him to word in is letter  ( it is likely as not this veteran disability is)

[AgentOrangeWife]

I'm going to post the letter as an attachment to correct formatting issues.

Edited March 15, 2017 by AgentOrangeWife
I'm going to post the letter as an attachment to correct formatting issues.

[Berta]

"In a December XXX 2016 rating decision, the Veteran was assigned a 100 percent rating for Coronary Artery Disease (CAD) with old myocardial infarction, effective April XXX 2015 (date of nuclear stress test); and in the same decision, the RO reduced the rating, from 100 percent to 60 percent effective May XXX 2016 (date of C&P exam). "

Can you scan and attach that actual decision here to include their full rationale ?(cover C file# prior to scanning it)

We have had so much snow-and more to come that I am already having problems with my PC satellite dish- getting on line here - so others will chime in.

You sure might need to consider getting an IME. If your husband has a private cardio doctor they might be willing to prepare one and they will need copies of the C & P exams and all other VA medical records.

 

 

[AgentOrangeWife]

Here are 2 letters. One is the combined/staged rating increase/reduction and the other letter is a denial for something else BUT it is the letter where we were alerted as to the potential increase.

Important to note: there are 2 pieces of evidence listed on the Nov 2016 letter. Both are titled "VA Examination..." however there was only one Nov 2016 "C&P exam consult" report and it was NOT physical - it was the addendum opinion I posted yesterday.

He did have an IME dated Nov 2016 which is included in the 2 evidence items as my "statement" dated Nov 2016. IME said "deteriorated" with open order for stent/angio etc.

Also, husband had another MI in Jan 2017 - so they were all wrong except for the IME'r!

Dec 2016 and June 2016 Decision Letter for hadit.pdf

Thanks for your advice!!

Edited March 15, 2017 by AgentOrangeWife

[Gastone]

When was he DX'd with SA (? OSA CSA or MSA?)? He was Denied Direct SC, you didn't file as Secondary to his CAD DX?

It looks like he's currently 60% SC for CAD, in my lay opinion. As a CAD Quad Bi-pass myself, the whole deconditioning aspect of his estimated Mets is understandable. Normally when the VA or Non-VA clinicians do a Nuc Stress Test, where the Vet has Cardio Deconditioning a chemical is used to increase the heart rate, eliminating the need for the treadmill.

It's 3/15/17, what have you filed regarding the recent 12/16 Decision? What are your response date Deadlines?

Semper Fi