Phoenix&Ruby Posted January 10, 2019 Share Posted January 10, 2019 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? Link to comment Share on other sites More sharing options...
0 Moderator brokensoldier244th Posted January 10, 2019 Moderator Share Posted January 10, 2019 Definitely appeal it if you have information to contradict it. If you do, it stops the decrease until they adjudicate it. The Earth is degenerating these days. Bribery and corruption abound.Children no longer mind their parents, every man wants to write a book,and it is evident that the end of the world is fast approaching. --17 different possible sources, all lacking verifiable attribution. B.S. Doane College, Mgt Info Systems/Systems Analysis 2008 M.S.Ed. Purdue University, Instructional Development and Technology, Feb. 2021 M.S. Purdue University Information Technology/InfoSec, Dec 2022 100% P/T MDD Spine Radiculopathy Sleep Apnea Some other stuff -------------------------------------------B.S. Info Systems Mgt/Systems Analysis-Doane College 2008M.S. Instructional Technology and Design- Purdue University 2021 (I AM NOT A RATER- I work the claims BEFORE they are rated, annotating medical evidence in your records, VA and Legal documents, and DA/DD forms- basically a paralegal/vso/etc except that I also evaluate your records based on Caluza and try to justify and schedule the exams that you go to based on whether or not your records have enough in them to warrant those) Link to comment Share on other sites More sharing options...
0 HadIt.com Elder Buck52 Posted January 11, 2019 HadIt.com Elder Share Posted January 11, 2019 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. I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!! Link to comment Share on other sites More sharing options...
0 HadIt.com Elder john999 Posted January 12, 2019 HadIt.com Elder Share Posted January 12, 2019 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. Link to comment Share on other sites More sharing options...
0 Moderator broncovet Posted January 12, 2019 Moderator Share Posted January 12, 2019 Did you receive a "proposal to reduce"? If not, it probably wont fly. Use the VA rules against them. Start here: https://cck-law.com/news/rating-reductions/ Link to comment Share on other sites More sharing options...
0 vetquest Posted January 12, 2019 Share Posted January 12, 2019 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. Link to comment Share on other sites More sharing options...
0 Ddsr Posted January 13, 2019 Share Posted January 13, 2019 On 1/11/2019 at 4:22 PM, john999 said: 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. On 1/10/2019 at 10:09 AM, Phoenix&Ruby said: 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? Appeal the decision, and while you are waiting for that make an appointment for Voc Rehab and if you are denied into the program get a Feasibility Letter for TDIU. That letter is GOLD. Phoenix&Ruby 1 Link to comment Share on other sites More sharing options...
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Phoenix&Ruby
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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Ddsr
Appeal the decision, and while you are waiting for that make an appointment for Voc Rehab and if you are denied into the program get a Feasibility Letter for TDIU. That letter is GOLD.
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