QTC exam

[usmc2511]

So if you are service connected and have been for 5+ years and you file for an increase for the condition and the examiner decides to comment that he doesn't agree with the rationale used that first established SC and states that it was s less likely than not due to service, can they propose to sever SC? 

[seminoles]

37 minutes ago, usmc2511 said:

So if you are service connected and have been for 5+ years and you file for an increase for the condition and the examiner decides to comment that he doesn't agree with the rationale used that first established SC and states that it was s less likely than not due to service, can they propose to sever SC? 

I just had a proposal to reduce a rating from 50 to 0 that I had held for over 8 years and I was IU 70 PT overall.  So, they do as they please.  rules or no rules..........how we respond is another story :)   With an email to the right person(s) written well with attached evidence, etc. within 2 weeks I had not only a new award letter but within that award letter was an apology.  Not sure how often that happens, but my VSO stated he has NEVER seen it before. 

[usmc2511]

Wow, what was the reasoning behind the proposed reduction? Did they say symptoms have gotten better? I'm just wondering if an examiner can come along when you are just there for an increase and write in a note that says he doesn't think you should be service connected for the condition, even though you have been for x amount of years, and th VA will use that as evidence and just throw out the rationale for getting SC in the first place. I've been told that if there was no CUE or mistake, or improvement of symptoms then it is very hard to be reduced 

[usmc2511]

also, if a VSR for some reason sees the original claim and rationale to service connect you and for some reason doesn't agree, when he orders a C&P can he/she request that the examiner make another assessment on whether or not the examiner thinks th condition is related to service 

[seminoles]

13 hours ago, usmc2511 said:

Wow, what was the reasoning behind the proposed reduction? Did they say symptoms have gotten better? I'm just wondering if an examiner can come along when you are just there for an increase and write in a note that says he doesn't think you should be service connected for the condition, even though you have been for x amount of years, and th VA will use that as evidence and just throw out the rationale for getting SC in the first place. I've been told that if there was no CUE or mistake, or improvement of symptoms then it is very hard to be reduced 

The quack they sent me to was a general practitioner qtc doctor who did my exam in less than 90 seconds.  I had seen my VA neurologist less than a month prior who had added a new medication to my already long list to prevent me from having to go to the er (or not go because the VA hadn't paid in the past)  he had just had my husband trained to give me 5 injections a month for the WORST  of my migraines for emergent relief so I can hydrate and avoid the er. My VA records of over a decade of worsening migraines, med failures etc. were more than proof my migraines have worsened not improved.  The guy was simply a jerk and didn't do his job or didn't know how to use the computer (which was also obvious).  The failure was also on the rater and the person who was supposed to review his decision.  I had held a rating on my migraines since 2006.  My initial rating was for 30%, the rating of 50% was from 2008 and they proposed the reduction to 0%.  Incredibly scary when you put in a claim for housebound/aid and attendance and it comes back with that.  I, like you, was told the same.  I had nothing to fear, my migraines have obviously not improved, in fact my neurologist would state they alone make me unemployable still, and that is a true statement.  None of my sc conditions have improved, never will.  I believed that the regulations that the VA is supposed to follow would be and they weren't. 

Edited July 8, 2017 by seminoles

[MikeHunt]

Both the above should fuel thought for anyone with a rating thinking to get an increase.

'A bird in hand is better than two in the bush'

You CAN get your own physician to fill the DBQ ... Then you, the VSR and rater are all happy.

The VSR would only order a RFE ('Routine Future Exam') or an increase exam and move on. It would be very unlikely they'd actually read, internalize, or think about your circumstances. Similarly, eventhough they're supposed to read the resultant DBQ, it's really none of their business- It's the rater who's realm it is for the above.

This may, or may not be relevant for OP USMC:

III.iv.4.H.1.e.  Making Reductions in Evaluations of Psychiatric Disorders

Do not make drastic reductions in evaluations in ratings for psychiatric disorders if a reduction to an intermediate rate is more in agreement with the degree of disability.    Observe the general policy of gradually reducing the evaluation to afford the Veteran all possible opportunities for adjustment.   Reference:  For more information on the stabilization of disability evaluations, see 38 CFR 3.344.

[seminoles]

13 hours ago, usmc2511 said:

also, if a VSR for some reason sees the original claim and rationale to service connect you and for some reason doesn't agree, when he orders a C&P can he/she request that the examiner make another assessment on whether or not the examiner thinks th condition is related to service 

I think severing service connection is much different than lowering the rating.  I have no experience with this what so ever.  I would think there would have to be some sort of fraud involved.  I actually had an examiner say something wasn't service connected and they were overruled by the rater because I submitted evidence showing service connection.  If service connection has been proven it seems strange for it to be taken away, not sure why you would be worried about that.