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]

 Oh okay,

  Check Ms berta post and you may need to get an IMO to rebutted the VA Examiner  or the C&P Examiner..you will need a Quailed Dr to render an opinion to what Ms berta mention here.

use at your DRO heraing, (if you choose the Hearing rout ) which would be better to try to settle this at the R.O.  Which is what I'd do. You should be increase if you get a fair DRO.