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

 

[Sgt. Wilky]

This is what they cited as the reason:

"(b)Discontinuance of benefits. Where the reduction or discontinuance of an award is in order because of a change in law or a Department of Veterans Affairs issue, or because of a change in interpretation of a law or Department of Veterans Affairs issue, the payee will be notified at his or her latest address of record of the contemplated action and furnished detailed reasons therefor, and will be given 60 days for the presentation of additional evidence. If additional evidence is not received within that period, the award will be reduced or discontinued effective the last day of the month in which the 60-day period expired."

However, they never cited what the change in law or the DVA issue was/is that affected my rating.

The BVA judge granted me three, 10% issues that relate to an undiagnosed illness involving both my lower extremities and back in 2015 from a claim filed way back in July of 2008.

My main question is: "what is the change in law or issue that has caused this proposed severance?" I can't believe that just citing the regulation, and not the "detailed reasons" would be enough for them to continue with this course.

[vetquest]

Did they service connect you in 2008 or 2015?

[Sgt. Wilky]

17 minutes ago, kanewnut said:

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.

Every VA C&P examiner has screwed me over-royally. Despite the evidence, both in my SMRs and Private Treatment Records, they've tried to mess me over. Even the BVA judge could figure out why I was sitting in front of him. 

I wouldn't mind trying a farmed out C&P exam from a private company. It couldn't go worse than what the VA has done to me.

Just now, vetquest said:

Did they service connect you in 2008 or 2015?

In 2015 the judge granted SC on all my issues, effective from 2008.

[vetquest]

If your SC is over 10 years they cannot sever.

I have had only good experiences with outside C&P providers.

[Sgt. Wilky]

4 minutes ago, vetquest said:

If your SC is over 10 years they cannot sever.

I have had only good experiences with outside C&P providers.

right, but unless this mysterious "change in law, or interpretation of the law, or VA issue" trumps that regulation (which I'd like to see the rule on that too). I'll be asking my VSO all these questions. I'm trying to wrap my head around what the heck this all is.

[Sgt. Wilky]

Also, the 10 year rule may be why they're trying to push it through so fast. Maybe they're hoping I'll go away again...