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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Phoenix&Ruby

TDUI request resulted in SC rating decrease

Question

Got my decision letter Christmas Eve.  TDUI had been rated at 70% - 2 separate conditions -  VA decision determined that my shoulder SC had improved resulting in cut to 60% …… have 60 days to appeal…..any advice?

 

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Definitely appeal it if you have information to contradict it. If you do, it stops the decrease until they adjudicate it. 

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If you feel your shoulder is not any better in fact its worse...you need to get an IMO  (Independent medical opinion) on it and ask the Dr to give his medical opinion as the the severity and if it keeps you from working, ask the Dr to read your pertains records on this issue and ask him to put in his letter that  after examining this veteran his medical condition warrants him unemployable  for any type work  give in detail as to why...pain ect,,ect,,,

A specialist in this field is better to use.

you have 60 days to respond   request a DRO Hearing at your R.O. and take the IMO letter  with you  but do submit it as evidence  but take a copy with you to your DRO Hearing...face off with a DRO and show him/her your S.C. Disability up close.

Always be nice at your Hearing &  remember  good favorable reliable evidence is what wins our claims.

some times a proposal to reduce results in an increase rather than a decrease.

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Get the IME/IMO and appeal that reduction.  If you don't fight a reduction I believe it may encourage the VA to try and reduce you again since they may see an easy target.  How did they determine that you should be reduced any way?  Get an orthopedist to do your IMO if possible.  I also have shoulder disability and it got worse when I had surgery on it.  No question that a bad shoulder injury can make it impossible to do most work. 

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Definitely fight them.  I went for TDIU and the VA threatened to reduce my PTSD and sever my migraines.  The BVA is much more into reading the evidence and I have found them more willing to give the veteran their due.

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