Reduction in VA disability benefits - 100% to 0%

[Armyvet1987]

Hello everyone, 
Today I received a letter stating I will be getting a reduction of benefits from 100% to 0% for PTSD. I was awarded this amount in October 2010 and maintained the 100% rating until now. In November 2017 I had reexamination for PTSD, the results came back in December 2017 and I was again awarded 100%. Fast forward to February 2018, I received a letter in the mail saying I needed to go to a out of the VA doctor for them to fill out a DBQ form, I called the VA that day and stated I was not comfortable with speaking to another doctor about my PTSD, the women told me I could have my metal health doctor fill it out and send it back to them. I have an email from her with the attached document. My next appointment for the mental health doctor is in late April. The letter states that there is proof in my medical files and since I “missed” the DBQ appointment that they want to reduce my rating from 100% to 0%. 

So here is my question, how did my PTSD change significantly from December 2017 (when I was re-envaulted) to February 2018?
Next, should I hire a lawyer? VSO? I have never used the VSO or disabled veteran’s reps.
Finally, what should be my next step?


Thanks.

[Buck52]

Any time a veteran gets a proposal to reduce his/her benefits..do not take it likely...missing a C&P is usually the No. 1  and a VA Dr writing up a bad report to the veterans disability.(you shown improvement) or your disability is not as bad as you claim= per VA Dr Smith.

but once you recieve a proposal to reduce  you need to respond ASAP.

Respond with your evidence as to why you feel a reduction is wrong.

(obviously)

You should have got instructions with your proposal letter on what your rights are and what to do.

you only have 60 days to respond.

The proposal letter comes from your R.O. They have all your claims there.and they will be the ones to decide this  unless you need to take it further with appeals. its always best to try and get the R.O. DECISION.

[Berta]

"So here is my question, how did my PTSD change significantly from December 2017 (when I was re-envaulted) to February 2018?"

It didnt- but I am surprised they wanted you to get a DBQ done...???? 

That is all we need.... VA to fish for something negative when they already cotinued the 100% grant.


"Finally, what should be my next step?"

Based on the proof you have mentioned here, if I were you I would go to the main VA web site, www.va.gov/ , and click on the 'contact us 'thing, then on 'Ask a question', and then file the inquery as a Complaint.

Tell them what you told us here. I forget if IRIS can accept attachments- ( the email you have)

I think the VA messed up here- since when do they continue an established rating via a C & P exam and then ask for a DBQ??????

Every vet here should be concerned about that...

And/or you can call on Monday ( I dont think it is a federal holiday) President Trump's Veterans Hot line.

Something is wrong here Big Time.

White House Veterans  Hot line

855-948-2311

Can you scan and attach the letter you got here as to their needing a DBQ? (Cover C file #, name, address prior to scanning it)

You didnt miss a C & P exam, at all ( the Nov 2017 exam was a C & P exam I assume) beause it continued your rating.

Edited March 31, 2018 by Berta
added more

[Buck52]

THIS IS WHAT i WAS MEANING MS BERTA COVERED IT

''CALL IRIS'' or the Preisdent HOTLINE

(855-948-2311)

''IF YOU HAVE THE CORRECT EVIDENCE TO PREVENT THE REDUCTION YOU MAY TRY THAT FIRST  BUT TO PRESENT IT  ...REQUEST THE DRO HEARING ''..

'They maybe other alternatives but to straighten this OUT I'd Request the DRO Hearing  unless there's some other way.''

This obviously is a mix up and can be fixed.

why your having  extra C&P Exams  is anybody guess...that's just the VA for ya.

check your myhealthevet notes...FOR ANY NEGITIVE.

 

Edited March 31, 2018 by Buck52

[Armyvet1987]

Thanks for all the replies. I just looked at the last two years of appointments, each appointment pretty much says the same thing. It goes along with my divisibility claim. I looked over the last C&P exam and the doctor thought I was improving but at the same time experiencing the same issues as I had when I filed the claim. I called the VA hotline yesterday and explained to the lady that took the calla about the "missed"  C&P appointment. She was immediately rude and defensive, saying there is no record of me calling and that it's my fault I missed the appointment. Again, I have my phone records and the email that was sent from the VA at the same time I called. This has been a nightmare to say the least. I am going to contact the VSO on Monday and ask what they can do for me. Also, I keep reading that it would be nearly impossible for the VA to change your rating after 5 years if you maintained the same rating yet it drops from 100% to 0. 

[vetquest]

Good, get with a VSO Monday.  Yes it should be nearly impossible for the VA to change your rating after 5 years if you maintained the rating.  Several years ago the VA wanted to change a rating that had been in effect for 20 years and a service connection that had been in effect for 10 years.  Yes, this is illegal but they threatened me with this in an SOC.  That's when I got a lawyer because they were violating my rights and doing it boldly.  Sometimes I wonder if they do this just to see if they can get away with it.

Your VSO should be able to get you the correct paperwork to file for an appeal.  Please keep us updated.

[Gastone]

A-1987, did you file a New Claim for anything in 2017?  This was your 1st Re-exam of your PTSD SC since the 2010 Award? Being Rated 100% for a  MH condition since 2010, you should have an extensive VMC Medical File supporting the failure of your PTSD to improve.

Are you north of 55 yrs?

A PTSD 100% CSC, no other SC's involved in the Rating, correct?  Was the 11/2017 PTSD C & P performed at your VMC? Did you get a copy of the C & P DBQ?