Proposed Reduction and Reexamintion Question

[TideWarrior]

The last month has been somewhat hectic to say the least due to the VA seemingly being aggressive with my current disabilities and claims.

1) I went last June for a C & P for Plantar Fasciitis. I received a rating for 50% in both feet. It well documented in my service record and has worsened over the years. I went last September for a C & P exam for Gout. A decision was made in October denying me a rating but had to call this past April to receive the letter as they never it sent it to me. They said they had my old address but every other letter came to my current.  Anyone that letter stated that my Gout was present while on active duty but is was unmistakable that it was was preexisting and that military service did not aggravate it. I never had gout prior to the service. I met the current criteria for 60% for gout in my current condition battling with it. Now that I am looking to appeal because as mentioned I did not have it prior to service. But my real concern here is I received a letter last month stating that during the gout exam the examiner notes regarding my gout should improved condition for my plantar fasciitis and a proposed reduction for it from 50% to 0% would go into effect September 1st. That will currently lower me from 90% to 80%. My question here can the VA propose a reduction without a reexamination and notice of the reexamination. They are using the C & P exam for gout to reduce my plantar fasciitis.

2) I just received two days ago a call from 3rd party, not a letter from the VA, for a scheduled appointment for reexamination of a current disability(50%) in 10 days. I understand the VA can ask for one but I was under the impression that if past the 5 year mark it was considered protected/stabilized the VA can not or needs a very good reason to do so. The disability(Chronic Sinusitis) has not improved and still treated even after two surgeries. I was told to contact the VA for a reconsideration on the exam. Should I contact the VA and should the VA be asking for reexamination for this disability?

I have been using a local VA rep to help with my claims. Should I continue or am I at the point I need to contact a lawyer. If my current disabilities remain and no reduction I stay at 90%. If the gout meets the criteria as it shows on the C & P exam but is proven not to be prior to military service I would go to 100%. Maybe that is why they seem to be coming hard at me.

Thanks for any advice or help.

Mike

[Buck52]

unfortunately Yes they can send us to an exam anytime they feel like it  unless you have the 20 year protection rule enforced.

That Dr that mention your improvement on anything  is what trigger the exam...don't sweat this  just go to the exam take any medical records with you to show you actually have got worse and now you been diagnose with gout...so you maybe getting an increase and not a reduction.

[broncovet]

You should ask for a hearing on a proposed reduction.  Then tell your side at the hearing.  You need to do this right away.  

[vetquest]

Don't let them intimidate you.  You need to go to a hearing and tell your side of the story.  Will the local VA rep go to your hearing or supply someone onsite to help at your hearing?  This is a question that you need to ask.  As far as a lawyer, most work on an agreement that they collect 20% of your award.  I do not think you can get a lawyer to go to a reduction hearing unless they are pro bono.  Good luck and remember that if you lose at the hearing you have the right to appeal to the BVA.  It takes a while but they are usually less combative.

[Berta]

"But my real concern here is I received a letter last month stating that during the gout exam the examiner notes regarding my gout should improved condition for my plantar fasciitis and a proposed reduction for it from 50% to 0% would go into effect September 1st. 

You mean the examiner said the gout improved the plantar fasciitis?

That is absolutely ridiculous and it took me mere seconds to find this:

 

Can gout cause plantar fasciitis?

Gout. Gout is a common complex form of arthritis. ... A build-up of urate crystals in your joints causes inflammation and severe pain experienced during gout flare-ups. Unlike plantar fasciitis, gout is linked to arthritis and affects the joints, not the ligaments in the feet.Jan 9, 2018

The Difference Between Gout and Plantar Fasciitis • The Healing Sole

https://www.thehealingsole.com/difference-gout-plantar-fasciitis/

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Have you googled the examiner to see what qualifications they have to opine on a podiatric disability?

Can you scan and attach the C & P exam here? (cover C file # , name, address prior to scanning it.

I have made this point here about an hour ago somewhere here and MANY times over the past 20 years-

If you do not rebutt errors in C & P exams, or in any decision that holds other incorrect statements- your claim is doomed to the hamster wheel.It might NEVER succeed.

 

Every single claim I ever had, as a widow-( ebenefits said I had 53 issues) held errors in the posthumous C & P exams as well as with the VCAA, and a multitude of other errors....and I fought back. Aggressively!   I got even worse after I graduated from AMU- a military school, for my degree.My main instruction came from a Major in USMC-he hated having a civilian student and made that clear to me until he read my first thesis.He ended up given me all A's- tactical  warfare maneuvers-I applied my AMU knowledge at that point to all my paper VA warfare claims.

 

Othwerwise I would have Never won a single claim and the VA would have gotten away with causing my husband's death.

 

As I mentioned before my husband in his lifetime and I were part of the old Prodigy BBS-pre-internet as it is now.Our main advocate was a former retired  BVA attorney who said many times- if you do not correct an error the VA makes-an error that will most likely impact on your claim-

the position of the VA is that you have accepted the error as fact.

 

I

 

 

 

Edited August 6, 2018 by Berta
added more

[Buck52]

Also the examiner can't preposed a reduction  he might can state it  but you need to wait and see if you get a reduction letter from your RO.  IF you do then you have 60 days to let the R.O. know what you want to do  DRO Hearing or travel video hearing, you might just get a denial and not a proposed reduction   need to wait and see...in the mean time start gathering up your medical records that are favorable to your claim/claim's

[TideWarrior]

I received a letter that the proposed reduction would take place. The reduction was based on the examiner saying they examined my feet and there was tenderness and it was improved. Again I was never asked to remove my shoes or never asked anything regarding plantar fasciitus. Have requested a hearing for the reduction.