Proposal to Sever Service-Connection

[Sgt. Wilky]

So I received the dreaded envelope that I had been expecting from my fiasco of a C&P exam. They're proposing to sever-not reduce-but sever my service connection on three issues, all related to radiculopathy and neuropathy. I found an office that doesn't mind filling out the paper work, it's just they're booked 6 weeks out. 

I requested a hearing with the hope that it'll take more than 60 days to schedule it, and with the hopes that I can get a diagnoses and a DBQ form filled out with the proper information. I'm also gathering letters, and writing my own, referencing the BVA's decision on my behalf for these issues back in 2015. It's psychologically draining and going through this, I can begin to see why so many veterans live with no optimism and feel like they have no hope. The constant harassing of the VA is tiresome. In my opinion, the system is severely jacked up when a C&P exam can take place on May 18, and 26 days later, they have a decision, but then wait a week to mail it to you, thereby giving you only 50 days to submit evidence. But submit a claim or two, and it takes them almost a decade to sort through their crap in order for you to win a case. I will be writing my Congressperson and Senators about this problem (not that I expect a fix).

 Just venting, but I'm not giving up.

Semper Fi,

Sgt. Wilky

 

[kanewnut]

1 hour ago, Sgt. Wilky said:

referencing the BVA's decision on my behalf for these issues back in 2015. It's psychologically draining and going through this, I can begin to see why so many veterans live with no optimism and feel like they have no hope. The constant harassing of the VA is tiresome

It must have taken years to get to BVA. I know M21 has info about when to do C&P's but I am unsure exactly what it is. Sounds to me like you are getting a good defense set up. 

As far as writing your congressman, I have written mine and he told me he would keep my feelings in mind, but as he wasn't on the oversight committee he couldn't do much. So I suggest that if your congressman is not on the House or Senate Committee on Veterans Affairs to include writing at least the Chairman of each committee. I think I would write to all members of both House and Senate Committee on Veterans Affairs. Maybe one of these days someone will start to listen. Don't give up. Remember Win or Die poker. I think you are holding some aces in the hole!! 

[Richard1954]

My understanding of the Law.... The VA cannot reduce a veteran's disability based on one examination. I could be wrong, but I doubt it.

[jbasser]

After 10 years VA cannot reduce based on one exam. You ned an IMO. after 20 years VA cannot reduce of sever unless fraud was committed. 

 

 

[Flyfishingnut]

I to have had a reduction.  Went for a C&P, and came out with a reduction on something entirely different, on a different part of my body.  I wrote to the Regional office (San Diego), and asked how this could be, and explain the situation.  My question to them was, it took 2 1/2 year to finally get a Disability Rating, and 15 min, to get a denial, and to top it off a reduction on another Disability.  The Dr. stood in the corner and had me sit down and he asked questions, sorry, he touch my left foot with a pin for I guess a Diabetes test. Surprisingly the Regional office replied less than a week later and set me up for another exam.  My question is with all the monies spent by the VA, for Drs, equipment, why are they farming C&P/QTCs out to other private vendors.  They could keep the money in-house and have the Vet, seen by VA Dr.  STUPID! STUPID!  Guess they figure it's not their money. 

 

[vetquest]

A service connection that has been in force 10 years cannot be severed.  A service rating that has been in effect more than 5 years requires two exams to reduce.  In my experience the VA one time tried to sever a protected service connection and reduce a rating that was 20 years old.  Fight this.  I hope this might help.

 

      When implementing a rating reduction, the RO must comply with certain procedural requirements.  In cases where a disability rating is especially longstanding, the appellant has been provided with safeguards prior to a reduction in rating.  These safeguards are codified at 38 C.F.R. § 3.344 (2003). When the originating agency fails to consider these criteria, the rating reduction is deemed void ab initio.  See Dofflemyer v. Derwinski, 2 Vet. App. 277 (1992);  Brown v. Brown, 5 Vet. App. 413 (1993).  The provisions apply to rating disabilities which have continued at the same level for a period of 5 years or more. 38 C.F.R. § 3.344(c) (2003).

 

      A claim as to whether a rating reduction was proper "must be resolved in the appellant's favor unless 'the Board concludes that a fair preponderance of evidence weighs against the claim.'"  Brown, 5 Vet. App. at       421 (citing Gilbert v. Derwinski, 1 Vet. App. 49, 58 (1990)).  The Board emphasizes that a rating reduction case focuses on the propriety of a rating reduction, and is not the same as an increased rating issue.             Peyton v. Derwinski, 1 Vet. App. 282, 286 (1991).

     Service connection for any disability or death granted or continued under 38 U.S.C. which has been in effect for 10 or more years will not be severed except on showing that the original grant was based       on fraud or it is clearly shown from military records that the person concerned did not have the requisite service or character of discharge. 38 C.F.R. § 3.957.

[kanewnut]

4 hours ago, Flyfishingnut said:

My question is with all the monies spent by the VA, for Drs, equipment, why are they farming C&P/QTCs out to other private vendors.  They could keep the money in-house and have the Vet, seen by VA Dr.  STUPID! STUPID!  Guess they figure it's not their money. 

I don't doubt that they figure it's not their money, except when it comes to payday and raises. As far as farming out C&P's maybe they are getting too many that are totally wrong. It has been my personal experience that VA C&P examiners don't bother to look through my file or do the exam based on the DBQ.