Review to Prep for Decision without C&P?

[Abyss]

I'm currently 70% for PTSD with TDIU. Award has been effective since mid 2014, and a claim was filed on my behalf on July 31 for RFE - which I believe means a review. I've been checking the status on ebenefits and it just moved to Preparation for Decision... I have not had a C&P. Is this favorable? If they checked the VA records they would see my multiple (about 10) psychiatric hospitalizations since my award, and I even was conserved for 3 months due to my mental state. I don't think they would lower me without a C&P would they? Thanks for any help you can provide.

[acesup]

The VA isn't supposed to be able to reduce your rating without evidence of ongoing improvement, and if they were considering a reduction, they should/would have sent you a "Proposal" letter saying they were going to reduce.  If you were to get such a letter, you are then allowed to disagree with the proposal.

That "Preparation for Decision" may mean that no C&P exam was necessary due to your records of treatment and hospitalization.

With all of those hospitalizations, and if there has been no "Proposal" letter, I don't think you're looking at any reduction.  Sometimes a C&P is just a paperwork review that doesn't require any exam or other action on your part.  At one time eBenefits showed a C&P exam requested for me, but it was really only a paperwork thing, asking the earlier C&P examiner to give more information on a single issue.  I didn't have to be examined or do anything else for that.

I'm not a VSO or attorney, nor am I an expert, so maybe one of the resident mavens will chime in on this thread.  However, I think you have nothing to worry about.  Best of luck to you.

Edited September 8, 2018 by acesup

[Abyss]

On 9/8/2018 at 6:39 AM, acesup said:

The VA isn't supposed to be able to reduce your rating without evidence of ongoing improvement, and if they were considering a reduction, they should/would have sent you a "Proposal" letter saying they were going to reduce.  If you were to get such a letter, you are then allowed to disagree with the proposal.

That "Preparation for Decision" may mean that no C&P exam was necessary due to your records of treatment and hospitalization.

With all of those hospitalizations, and if there has been no "Proposal" letter, I don't think you're looking at any reduction.  Sometimes a C&P is just a paperwork review that doesn't require any exam or other action on your part.  At one time eBenefits showed a C&P exam requested for me, but it was really only a paperwork thing, asking the earlier C&P examiner to give more information on a single issue.  I didn't have to be examined or do anything else for that.

I'm not a VSO or attorney, nor am I an expert, so maybe one of the resident mavens will chime in on this thread.  However, I think you have nothing to worry about.  Best of luck to you.

Thank you for the reply. I have not received any proposal letter saying they wanted to reduce my benefits so I remain cautiously optimistic.

[HorizontalMike]

4 hours ago, Abyss said:

Thank you for the reply. I have not received any proposal letter saying they wanted to reduce my benefits so I remain cautiously optimistic.

That does not actually stop them from marking online, that a development/decision/proposal "was sent".  Best to check online with eBenefits and Vets.gov, and if you have already hired a lawyer have them check.

And yes, IMO you should consider hiring an attorney at this point.

[Fretag]

Abyss, how did this turn out? The same thing just happened to me.-  Thanks

[GBArmy]

Fretag Abyss hasn't been on line for over a year and a half, so it's not likely he will be answering. What's the details on your concern? How long have you been s-c for your disability? What does your decision letter say or not say about future exams? Do you have letter from your RO saying they are proposing to reduce your ratings? If so, what is the date?

[Fretag]

@GBArmy I just saw your comment, thanks for reaching out! I am in the middle of an RFE, and I was trying to understand what I needed to do to ensure it went smoothly. I received a letter from LHI stating that my exam (RFE) will be completed utilizing the ACE method, and provided the Nurse Practitioner's name who was completing the ACE. I did not receive a letter stating they were going to reduce my rating. I uploaded all my medical records since my 100% SC decision back in Dec 2016. 

I'm beginning to think that this is just a back and forth between VA "players". It's very stressful! My claim was going to be completed this past week, and now they estimate Nov 2020.

Any help is greatly appreciated!