Reduction on Disability rate.

[Ernext82nd]

Hy Everyone,

I got a call this past Monday letting  me know that my disability rate is been reduced. Im currently at 90%. 

70% PTSD

20% TMj

30% Migranes

20% Degenerative Disk disorder.

I was told that my anxiety is reduced to 50%, Im wondering that is my PTSD. Migraines rate is been reduced from 30% to 0. Since Monday I have been trying to contact my VSO with no luck, left lots of voicemails and nothing back yet. Im from Florida and all I know is my VSO number is 017. I got a package today with Disability Benefits Questionnaires to be filled out by Doctors. Before this happened I had appointments with my psychiatrist and Neurology but one is on September and the other one in November. The letter said to send documents back as soon as possible but I dont how much time I have before they dropped my compensation. I have been trying to contact my VSO with no luck yet. Every time I call goes straight to voicemail and always leave a message no answers yet. Can anyone is been in this situation before? I have no Idea what to do. Help please.

Ernest E. Marquez.

[brokensoldier244th]

You can appeal the reduction and they can't reduce while its pending. Just fill out the papers they sent, and get copies of your most recent doctors notes from release of information and send it. While the appeal is pending you can continue to send in notes from your later appointments. 

If you are on MyHEalthVet you can even download them under 'Blue Button'. 

 

 

[Buck52]

You might want to request a DRO Hearing at your R.O.

Go get you an IMO as medical evidence to submit proving your S.C.Disability as not improved or actually got worse. you need a qualified Dr to state he has read your medical records and examined you and it is in his professional opinion it is likey as not your S.C. Condition is about the same or it as got worse  ..or something close to this  in your favor.

[vetquest]

The VA once proposed to reduce my benefits for PTSD and Migraines.  I had an appeal in the works at that time so nothing happened.  You need to appeal this decision.  As brokensoilder said they cannot reduce while an appeal is pending.  As Buck said you need to request a DRO hearing and if you can afford it get an IMO.  Also get the DBQ's filled out by any civilian doctors treating you.  Most doctors do not like to do them but if you tell them the reason why they might reconsider if they refuse you the first time.  If you are receiving treatment at civilian doctors and not the VA they may try to say you have not received treatment for your disability.  You can refute this with medical records.  

Do not worry about you being reduced once you get your appeal in.  Fight they bums.  They are anticipating you will roll over and take the reduction.

Also, how old are your ratings?  If they have been in force for five years or more you have some protection.  They need to prove that your conditions have gotten better.

[FormerMember]

And then there's that intractable problem with the AWOL VSO rep... Mighty convenient. 

[broncovet]

Vetquest posted something Very important:

Quote

The VA once proposed to reduce my benefits for PTSD and Migraines.  I had an appeal in the works at that time so nothing happened.  You need to appeal this decision.  As brokensoilder said they cannot reduce while an appeal is pending. 

I suspected this.  And, it makes sense, too.  It would render the BVA decision as invalid, at least some of the time.  This is an excellent point, and one  that refutes what VA employees and VSO preach:  

Quote

Dont go applying for an increase, or you will be reduced, instead.  

I have often thought, especially with the old paper claims, that your claim cant be in 2 places at once:  It cant be at the BVA and also at the VARO where a reduction specialist is looking at your claim to reduce benefits.  (If there is such a thing as a reduction specialist, someone has to do it whatever they call him or her)  

This suggests the exact opposite of what VA employees and VSO tell us:  If you are worried about a reduction, then keep your claim in appeals for 20 years, until you are fully protected.  

Edited August 18, 2018 by broncovet

[Buck52]

I don't think they can reduce you without contacting you and send you a Proposal to reduce letter along with Instructions and your appeal rights.

They are suppose to inform you on what your rights are  as for as Appealing this reduction...and as Vetquest mention they can't reduce you while this is in Appeal.

Some times a proposed reduction leads to an increase  if they catch all the mistakes they made. I got a letter to proposal a reduction of benefit's one time and it turn out I got an Increase instead,  as to where if I never got this proposal I'd never would have got the Increase.

I used a DRO Hearing at my R.O.

I had to get a IMO/IME from a Specialist  to rebuttal a VA Dr report and the payment to this specialist was well worth it. 

Edited August 18, 2018 by Buck52