Just a rant...for what it's worth

[63Charlie]

Veterans are informed that there is a penalty of prosecution for making false statements to obtain VA benefits.

I have personally experienced bad C&P examiners who intentionally falsified information on my DBQs with no threat of prosecution by the government.

It's just business as usual to them.

[Buck52]

Gastone

I had a senior DRO tell me once something is of record  its placed in the C-File Permanently  No Amends  or not to be taken out.

 but said if the veteran claim is by  equipoise by decision in his favor  then that negates the Negative in question  and they can't go back to that or use it against the veteran.

[Berta]

Dont forget -for the FNGs aboard-

The C & P doctors are paid by the VA, Via salary, and paid whether they are VA or non  VA doctors....via QTC and the farmed out C & P stuff.

The Tax payers pay them. This stuff would never happen in a Civil court.

 

 

[usmc2511]

My question is, if these are instances where the veteran is filing for an increase, then why is the C&P examiner even making an opinion on whether or not the condition is service connected. If you are filing for an increase there should be no comment or question on service connection, the exam should be about the current condition of the disability. This is the kind of stuff that pisses me off, some of these examiners will go out of their way to make a comment in your file to get the rater to question if you should've been service connected in the first place. This kind of stuff makes no sense to me. Some veterans fight for years to get stuff service connected, and then some C&P examiner can just come and make an opinion that he was never asked to make, and open up a huge can of worms for that vet. It took me damn near 7 years to get rated on one of my disabilities and it was a huge fight back and forth. Finally the doctor said he went page by page through my SMR and found a connection in my service that was likely the cause. "As likely as it is not" said veterans records seem sketchy and in this instance he should be afforded the benefit of the doubt and direct service connection should be granted. This is why vets are afraid or hesitant to file for increases. 

[Tbird]

This article should clarify 

Can My Disability Rating Be Reduced By The VA?

by Hill and Ponton

December 14, 2012/in Featured, General, Veterans /by Shannon Brewer, Senior Attorney

Veterans who are seeking an increased rating or service connection for a new disability often ask whether re-opening their file can cause the VA to reduce their existing rating. This is a valid concern. Disabled veterans must weigh their options and determine whether their disability has really worsened so as to deserve an increased rating or whether they are entitled to service connection for their new disability prior to filing a new claim. If the veteran has a valid claim, though, it is probably worth filing the new claim.

If the VA determines that a veteran’s disability has improved, it can, in fact, reduce the current disability rating. It may do this at any time that a medical exam indicates that the veteran’s condition has improved—whether or not the veteran has filed additional claims. While the VA may legally reduce a veteran’s rating, however, there are rules about when and how the VA can accomplish a reduction. Even for an “unprotected” rating—one which is less than 100% and has been in effect for less than 5 years, the VA must review all of the evidence and not reduce merely on the strength of an exam which is not thorough and supported by the evidence. In addition, the VA must notify the veteran of its intent to reduce the rating and allow the veteran to respond. At that point, it is important that the veteran take an active role in providing the VA with any evidence that shows the severity of the disability has not improved. The veteran should attend any medical examinations required by the VA to avoid being reduced merely for not showing up to the exam.

Once a veteran’s disability rating has been in effect for at least five years, the VA considers that disability “stabilized” or “protected.” Again, the VA should consider all medical evidence pertaining to the veteran’s disability and may not reduce the rating based on a single medical exam that indicates improvement where the remainder of the medical evidence indicates that the veteran’s disability is still at the same level. In addition, though, VA must show that the veteran’s condition has undergone a sustained improvement in order to reduce a stabilized rating. Certain disabilities become symptom-free after extended periods of bed rest, but that does not mean the disabilities have improved for VA rating purposes. The VA may not reduce a stabilized rating where the improvement is only due to the veteran’s having been on bed rest or if it is otherwise clear that the veteran’s improvement could not be maintained if the veteran returned to the ordinary conditions of life. If there is any doubt about whether a stabilized rating has improved, the VA should not reduce that rating.

After ten years, service connection of a disability gains an additional protection. Once a veteran’s disability has been service connected for ten years, the VA may not sever that service connection unless the original grant of service connection was based on fraud by the veteran or if the veteran clearly did not the required length of service or character of discharge. The actual disability rating may still be reduced, according to the requirements for a stabilized rating, but the VA may not sever service-connection for the disability.

In the case of a veteran whose disability has retained a certain level of disability rating for at least twenty years, VA may not reduce that rating for anything less than a showing that such rating was based on fraud by the veteran.

One other type of protected rating is a total or 100% disability rating. Where a veteran has been granted a total disability rating based on the severity of his condition (not including a 100% rating based on unemployability), that rating should not be reduced without an examination which clearly shows material improvement and, in addition, shows that such improvement happened while the veteran was working or actively seeking work or otherwise participating in the ordinary conditions of life such that the veteran could work and still maintain this improvement. This is true regardless of whether the veteran’s disability rating has been in effect for more or less than five years.

Different rules apply when the veteran’s 100% rating is an unemployability (IU or TDIU) rating. Here, if there is clear evidence that the veteran has had a marked improvement and can work or is working. Because of this, a veteran who has a total rating based on unemployability should pay close attention to the reporting requirements for this type of rating. It is crucial that a veteran submit the annual employment certification forms required by the VA indicating that he has not worked in the past year to avoid a reduction.

In short, VA is permitted to reduce disability ratings. VA is required, though, to follow the rules and regulations in making such a reduction. If VA proposes to reduce your disability rating or sever service connection for your disability, you should consider seeking help with your claim.

[Tbird]

Also this

 

Fight Back – Don’t Let the VA Reduce Disability Benefits Without Following the Law.

by Veterans Law Blog

You’ll hear all sorts of horror stories about the VA reducing benefits.

* There is an old saying about the VA – and I wish I could disprove it –  “A Claim for Increase Will Get You a Decrease”

* Veterans  respond to Proposals to Decrease their VA Disability benefits by filing claims for increase on every condition.  (Sometimes, this is the right thing to do)….often the end result is that a Veteran can make a reduction much worse – and certainly more stressful.

* Veterans with protected ratings are still getting their VA Disability Benefits reduced.

* The VA assumes that because you take medication for a condition – or because you use a CPAP machine to treat your Sleep Apnea – that you are “cured” and shouldn’t get compensation.

The problem is that while many of these horror stories are true, they are also effective at intimidating Veterans.

* Veterans that fear a proposal to reduce their VA Disability Benefits will not file a Claim for Increase in impairment rating when their condition gets worse.

* Veterans believe that the VA knows best and accept the proposal to reduce VA Disability compensation without fighting back

* Veterans don’t know the law that should govern the VA when they try to decrease your VA Disability – and don’t put the right (or the right amount) of evidence in their response.

* VSOs regularly advise Veterans to “be happy with what they got” and not seek what they are entitled to so they might avoid a cut in VA disability benefits

When Uncle Sam Wants to Reduce VA Disability Benefits,  Fight Back!

The above situations are maddening to me, for a couple reasons. These common beliefs:

* Encourage what I call the “Passive Veteran Mentality” – the idea that we are victims of the VA Hamster Wheel, or that we have to accept or be afraid of the VA.

* Don’t help Veterans learn the law that governs when the VA can reduce Disability Benefits.

* Don’t EMPOWER Veterans to learn the law of the VA Claims process and push back against VA strong-arming.

  If you’ve been reading the Veterans Law Blog for any length of time, you know that I am about EMPOWERING Veterans – showing Veterans that they have MORE Power than they think when it comes to the VA….and how to USE that power.

So, in keeping with that philosophy, I am going to give Veterans a tool to help them fight back when the VA wants to cut their VA disability  compensation benefits.

I am going to write a book that walks you through how to fight a VA proposal to Reduce VA Disability Benefits.

Click on the image below to sign up for a pre-release announcement when this book is published:

These are the things that will be covered in this eBook:

* When can the VA reduce – and not reduce – your VA disability compensation?

* What process does the VA have to follow to Reduce VA Disability benefits?

* What are the legal elements of a claim to reduce VA Disability compensation?

* What evidence – and h0w much – do you need to fight back against a proposed decrease of VA Disability Benefits.

* How to structure your defense against a proposal to reduce VA disability compensation.

* Factors to consider when looking for representation in a proposed VA disability reduction claim.

* Case studies showing successful – and unsuccessful – Veterans and what they have in common.

* Much more….use the form below to tell me what other topics you need addressed in a book like this.

Many of you are going to ask me…what can I do NOW, though?  The VA told me they want to Reduce VA Disability Benefits that I’m already receiving, and I don’t have time to wait on your book.

5 Things You Need to Know about VA Proposals to Reduce VA Disability Benefits.

#5:  You need to learn what types of ratings can – and cann0t – be reduced.

There are certain types of ratings that can – and cannot – be reduced.

There are different processes that the VA must follow depending on how long you have had certain ratings.

The VA often forgets these things – and by knowing them, you hold a tactical advantage to stop a VA proposal to reduce VA disability benefits in its tracks.

Read about the different types of ratings – and when they can and cannot be reduced – by clicking here.

#4:  You Have Constitutional Protections that Are Incredibly Powerful.

Most Veterans don’t know that their  VA Disability Compensation is a Property Right  protected by the US Constitution.

Upon learning that, the most cynical of Veterans might be inclined to think….“Well, whoop-de-doo, Chris….that and a dollar will get me a pack of gum”.

But what this REALLY means is that you have a helluva lot more power in your VA Disability Compensation Claim than you realize.

If you take that power, and force the VA to give you the proper notice and a hearing before they reduce VA Disability benefits, you have a pretty strong hand.

#3: One Phrase is the Key to beating proposals to reduce VA Disability benefits.

Here’s the phrase: “Material Improvement”.

I’m going to go into this in GREAT detail in the VA Reduction Field Manual – with a bunch of case studies showing you what these words mean in reality.

But for now, here’s a basic explanation:  One improvement in one VA reexamination is often never enough to reduce VA Disability Benefits.

To properly reduce VA Disability Benefits, the VA must review the entire history of your condition – from injury, through diagnosis, to the past and current limitations and even its impact on your work history.

They must compare the entirety of your  past and current symptomatology, before it can conclude that there has been a “material improvement”.

#2: Don’t miss VA Re-examinations.

If you miss a re-examination that the VA schedules after proposing to reduce your VA Disability Benefits, that is about as close to a “nail in the coffin” as you can get.

It’s one thing if the VA sends the reexamination notice to an old or incorrect address – or if you were in the hospital or out of the country at the time they sent the notice.

In situations like that, it is possible to get the reexamination appointment rescheduled, though the VA Regional Office will probably pretend not to know that they can do this.

But if you have knowledge of a reexamination for a VA Proposal to Reduce VA Disability benefits – and knowingly fail to show up at that exam – you are going to have one helluva time winning on appeal.  The VA is allowed to deny any claim for failure to appear for a medical examination without good cause.

#1: This is the HARDEST choice to make in a proposal to reduce VA Disability Benefits.

When the VA decides – rightly or wrongly – that it wants to reduce your VA Disability, you get a choice:  agree to reduce the benefits while you appeal (and you’ll get all the past-due paid back if you win), or keep the benefits throughout your appeal (in which case you’ll have to repay the VA if you lose).

It’s a Hobson’s Choice – the choice that is no choice at all.

It’s the equivalent of having a burglar hold a gun to your head and ask: if you let me rob you now, I’ll shoot you in the face tomorrow.

But if you let me shoot you in the face today, then I will wait until tomorrow to rob you.

You Tell Me – What do You Need to Know about VA Proposals to Reduce VA Disability Benefits?

Want to give me a suggestion about what to include in the VA Claims Reduction Field Manual?

Have questions about VA Claims Reductions?

Click here for an easy to use form to submit your ideas or suggestions to me.