Fighting a preposal to reduce!

[Buck52]

Question

Are the authorities (VA) Obligated or required to give the source of information as to when they state in the proposal letter to the veteran '' we have been informed that your S.C. Disability you're currently rated at 60% has improved and a reduction in your benefits will be reduced back to 0% although you will keep this disability at 0%S.C.  you have 60 days as to respond from this letter.

Can a veteran ask or request where they got their Information? that his  S.C.Disability has Improved?

[broncovet]

Is this a proposal to reduce for you, or someone else?  If its for you, THEN you enjoy the 5 year, and probably 10 year protections.  

Attorney Katrina Eagle recommended the Veteran "request a hearing" in each proposal to reduce. Reasons:

1.  It buys time, because it always takes time for a hearing.  I think she said benefits will continue until after the hearing, at least. 

2.  It also buys time (60 days is the "proposed reduction"), so you can order and get the cfile, and find out answers to Bucks questions. 

3.  The burden is on VA to prove that the SC conditions "actually improved under ordinary conditions of life" and not due to the VEts staying off a SC foot, for example. ( not the VEt)  The law makes it clear that unless a clear sustained improvement occurred, the rating must be continued.    However, supposedly the VA has at least some evidence, else they would not have done a PR (proposed reduction).  

4.  This gives the Veteran (and/or his rep) time to "refute" the PR, sometimes with an IMO/IME as applicable.  

5.  You want to defend the PR aggressively and timely.  

[Buck52]

No not for me another veteran at my VAMC...Ask me this question...

Yeah I mention to him he keeps his rating and continue to be paid until a decision is made I told him about request a DRO Hearing  the whole 9 yards...but I was not sure how he can request information the VA MENTION THEY HAD RECEIVED IN HIS PROPOSAL TO REDUCE THAT HIS s.c. condition has improved?

  I was thinking that if the VA With holds this information  then they broke the due process but due process don't start until an appeal has been started  but they may CUE them self  I am not sure? I tried to think what Ms Berta had mention about asking the VA to CUE them selfs.

I mention to him the only thing I can think of is a VA Dr wrote up an medical report on him and said in his opinion his s.c. conditions has improved and no longer has this condition and is not a disabling condition... I said something close to this...otherwise I don't know how he can find out who said his S.C. Condition has improved.?

I did tell him to respond ASAP  Let them know what you want to do  if you do nothing then they will take away your benefits...by not respond to the VA to them that means your condition must have improved  and they take the appropriate action. 

I think the VA is required to let the Veteran know who and why they are making a proposal to reduce benefits based on the information they recieved.

[Berta]

The proposal letter the veteran received will state why they proposed to reduce.

If he lets you read it and gives you permission to scan and attach it here (without his C file #, name,address) we can determine what he should do- I doubt highly if this letter contains a CUE.

Also we would need to see the C & P exam this was based on, but as Matt Hill's article below shows there are Many reasons the VA can try to reduce a rating.

I mentioned before my personal experience with this type of letter.

It came on December 24th 1988, after my husband had started Voc Rehab and was employed at the VA,by then for about 6 months.

I used the regulations they enclosed with the proposed reduction , and their rationale in the letter, against them and also stated basic common sense ,in the NOD. A few months later the POA called, Rod was at work, so he asked me who prepared the NOD and then he told me they had dropped the proposal based on the NOD. This was not the result of any C & P exam.

 

If we can't read the letter this vet got- there isn't much we can advise on.

 

I

 

 

 

 " Once the rating has been in place for at least 5 years, it is considered stabilized and protected.  When a reduction is proposed, all evidence of record must show an improvement.  In other words, one exam cannot be the sole basis for the decision.  Additionally, if your disability is subject to temporary and episodic improvement, evidence must show sustained, continual improvement to allow a decrease."

https://www.hillandponton.com/responding-to-rating-reduction-proper-va-procedure/

 

"9.18  REDUCTION IN EVALUATION-COMPENSATION (38 CFR 3.105(a))

 

                  a.  Error in Determination.  To reduce a service-connected evaluation under 38 CFR 3.105(a), prepare a rating proposing the change.  Cite all material facts and the reasons for the proposed action.  Use the legend "PROPOSAL TO REDUCE UNDER 38 CFR 3.105(a)and 3.105(e)."  Include the proposed evaluation and, if applicable, the proposed combined evaluation.  The ratings of Rating Veterans Service Representatives (RSVRs) must be signed by the VSCM or a supervisory designee not lower than coach.  The ratings of Decision Review Officers must be signed by the VSCM or Assistant VSCM."

https://www.benefits.va.gov/warms/docs/admin21/m21_1/part4/chg197.doc

Edited April 15, 2018 by Berta
added link

[Buck52]

 Ms berta I'll pass on your information to him   if I see him again.

I don't have the letter  I was just visiting with him at my VAMC  We use the same MH Clinic...I may see him again and I'll ask him about the letter....this is all he told me during our conversation.

I did tell him to check with his VSO on this and don't take it lightly...I am not sure how long he has been S.C.? And I don't know what for? I assume maybe PTSD but it might be for other conditions on the proposal?

his question to me was 

Can the VA withhold the information they recieved that his disability has shown improvement to make a proposal to reduce? do they  have to report this information?

I was confused and not sure what to tell him?

I did said it should be on the letter as why the proposal so I had him to check with his VSO, He did say his VSO was preparing the NOD.

I'll probably see him again  and I did gave him one of Ms Tbird hadit cards I printed out.

I did tell him to make sure his VSO is on this.