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.

[broncovet]

You dont appeal a DBQ, you can only appeal a final decision.  As explained, you appeal a VARO decision by filing a NOD, on the applicable form, within 1 year of the decision.  https://www.militaryveteranlawyer.com/form-over-function-at-va-tricky-nod-form-is-another-barrier-to-your-benefits-2/   explains, and it has links to the form.  

[seminoles]

4 hours ago, Holllie Greene said:

...just my two cents: a telephone call does seem odd like Seminoles pointed out.

With all the scams these days you never know.  I received a robo-call from the IRS saying they were on their way over to arrest me,  of course it is BS.  The IRS does business by mail.

 

I received a proposal to reduce before and it was a very clear package and gave me all my options were. It looked just like any other brown decision package and no one ever called me to tell me I was getting a reduction.    It was a total BS proposal to reduce and I had it fixed in less than  2 weeks but that is another story. 

[Berta]

Yeah- I had a reduction proposal for my dead husband long ago ,overturned by the NOD I prepared.

The funny thing is they wanted to drop him from 30% to 10%.SC PTSD.

BUT  many years later after he died, with a higher rating claim in progress, they posthumously rated him at

100% P & T SC PTSD. He could no longer work again due to PTSD.His EED was 2 years after the proposed reduction.

I fought them on their proposal, with the same regulations they used against him,in theirletter,  as well as the  established record.

You cannot allow them to get away with anything that has no factual basis.

[brokensoldier244th]

Just send the NOD, that will freeze the process. You don't need to hire a lawyer for everything. Since you haven't 'lost' anything yet they have nothing to win on contingency unless they drag it out in discovery. While I understand that not every case is the same, Ive had 2 appeals and a proposal for reduction in the last 15 years and ive never had to hire a laywer, I just pointed out point by point in the decision letter where they were wrong and provided the evidence I had to the contrary. Type it up, put in a cover page with footnotes to the relevant parts (doctors notes, pg # blah blah, etc) and then include the full doctor notes or CFR portions as necessary. If you have medical evidence that you haven't improved a lawyer isn't going to improve your chances all that much over what you can do on your own, especially if you already have doctor appointments pending for this. 

 

Send the NOD, that starts an appeal. Simple form. Go see your doctors, see what they say. If you disagree with them- then consider hiring a lawyer, but since you aren't appealing back benefits it will probably have to be on a fee basis since there is nothing to 'recover'. 

Edited August 21, 2018 by brokensoldier244th

[Ernext82nd]

On 8/21/2018 at 6:57 PM, brokensoldier244th said:

Just send the NOD, that will freeze the process. You don't need to hire a lawyer for everything. Since you haven't 'lost' anything yet they have nothing to win on contingency unless they drag it out in discovery. While I understand that not every case is the same, Ive had 2 appeals and a proposal for reduction in the last 15 years and ive never had to hire a laywer, I just pointed out point by point in the decision letter where they were wrong and provided the evidence I had to the contrary. Type it up, put in a cover page with footnotes to the relevant parts (doctors notes, pg # blah blah, etc) and then include the full doctor notes or CFR portions as necessary. If you have medical evidence that you haven't improved a lawyer isn't going to improve your chances all that much over what you can do on your own, especially if you already have doctor appointments pending for this. 

 

Send the NOD, that starts an appeal. Simple form. Go see your doctors, see what they say. If you disagree with them- then consider hiring a lawyer, but since you aren't appealing back benefits it will probably have to be on a fee basis since there is nothing to 'recover'.

Thank you sir, thats a great advice. Couldn't make it to the VA today but Ill go tomorrow to drop the NOD, also sending it by mail. Thanks to you Im getting ahead with a previous plan I had. Im gathering all the info for all my doctors first, and the I will add the outcome of my upcoming appointments. Once again thanks for the advice.

[Guest L]

I double dip and fax it to the scanning center too - keep the time stamped copy ( free)