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Question

Hi,

I called Peggy a few days ago to check on my NOD and during our conversation I brought to her attention that my 2016 C&P increased my MS bladder to 60% and my 2017 C&P reduced it to 40%.  She asked if I received a letter re: reducing to which I said I never received a letter.  She looked further and said my disease is static to which I replied "yes I know."  I have been 100% P&T for 15 years.  She said "CUE---my static status was overlooked"  I agree, that is why I filed the NOD to dispute the reduction.

Peggy encouraged me to opt into RAMP and to compose a letter which addresses the CUE.  I have read about (from Berta and Alex, and others) how calling a CUE is a major move, not to be taken lightly at all. 

I guess I am seeking opinions, advice, and thoughts on how to proceed.

Thank you to one and all.

H

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Hollie- there is a wealth of CUE info in our CUE forum here.

What is the date of the decision that held this:

"and my 2017 C&P reduced it to 40%"

Can you scan and attach that decision? ( cover C file #, name, etc.)

I am surprised that anyone at the 800# really could determine a CUE.

 

 

 

 

Edited by Berta

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If the VA did not go through the procedures, (to reduce you) then the reduction should be void ab initio.  They have to give you 60 days notice.  

However, IM not sure that applies if it does not reduce your actual compensation, such as, if you were at 140 percent, and they reduced you 20 percent.  

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With VA proposed Reductions, Vets have "30 Days" from the Date of the Reduction Letter, not it's mailing to the Vet's last known address, to file the Appeal/NOD.

The "60 Days" from date of Reduction Letter, applies only to submission of New & Material supportive Evidence, not the Filing of the Reduction Appeal/NOD. 

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Void Ab initio means:

(from wikipedia) 

Void ab initio. A contract is null from the beginning if it seriously offends law or public policy.  

This would mean if you were reduced without proper notice, then this reduction should be void from the beginning as if it never happened, and you should get back pay.  

It would mean that VA failed to follow the proper "reduction" procedure, where you have "notice" of the proposed reduction, including an opportunity for a hearing.  This would be a violation of due process, 38 CFR 3.103.  

CCK law explains the reduction process VA must follow:  

https://cck-law.com/news/rating-reductions/

Interestingly, Gastone and I were both correct:  You have 60 days to submit new evidence (after the proposed reduction) and 30 days to request  a hearing.  It sounds like you did NOT get a proposed reduction, therefore, VA couldnt possibly have given you this mandantory due process, and your reduction should be void ab initio.  

You may consider contacting a lawyer on this, there is little doubt you deserve back pay.  However, if there is no back pay, as I explained, that is, the reduction occurred but it did not reduce your compensation, I dont know what happens.  

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I will add this (reduction) should be void ab initio even if you really deserved to be reduced because VA failed to do the proper procedure to reduce you. 

Beleive me, it works the other way also.  If you dont do everything you are supposed to do when you apply for benefits, you wont get benefits.  As an example, VA requires you sign a "release form" releasing your medical records.  The VA can not compel you to sign this form.  However, you wont get any benefits if you do not sign it.  Filling out and signing VA forms is not mandantory, but, you will be denied benefits if you dont do it. 

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