Reduced compensation

[treysnonna]

Has anyone had this happen to them.  Hubby had his 3rd heart eval since 2014..  they reduced him from 60 to 30%.  I’m puzzled.  He had c&p at Pensacola by a PA.  He said PA basically bad mouthed the va.  He did not even listen to his heart.  And we get the letter today saying they think his cads is better.   They determined this from the  ecg from the time he was in the hospital in aug/sept.  When he had the lung embolism.  The doctors at hospital did determine that it was not dot.  So it is highly likely that it came from the cads.   He never had surgery to correct the cads,  so I cannot imagined it would get better in 5 yrs.  It did have his left ventricular ejection fraction has 55.  And I think they went with that.  hubby did say he told the PA he did have spells he explained them to him.  It was the syncope ( which is feeling like your going to faint, loosing muscle control). Which he will be walking and have to grab something and stands with his knees bent a little and bounce afraid he is going to fall.  He has fallen several times.  He experiences his dizziness. Dyspena ( shortness of breath with any type of exertion.And that is what 38cfr ejection fraction of 30 to 50 or experiencing dizziness, dyspena, syncope.   His heart doctor had him Down for 3to 5 Mets originally.    So we are going to see him as soon as possible.  I think the OR is the answer here.  Now we have to have a hearing and they said it will be at our expense.  I assume it will be in St Pete, which we are6 hrs away.  Any ideas?

[vetquest]

Do everything you can to fight this.  Even if it means driving for 12 hours to a hearing.  Did your husband have this disability for five or more years?  I reference an article in the military wallet.  Bring documentation.

https://themilitarywallet.com/can-the-va-reduce-disability-benefits/

5-year rule: If the rating has been in effect for 5 years, it cannot be reduced unless your condition has improved on a sustained basis (The VA must have documentation supporting this is a permanent improvement).

Basically, if you have had a VA service-connected disability rating for 5 years or more, the VA must prove your condition has improved on a sustained basis before they can reduce or terminate your disability rating.

 

[broncovet]

I agree with vetquest.  Fight it. Thoroughly read the link I will post, so see which applies to you.  There are 5 year, 10 year (for severance of sc) and 20 year protections.  This only covers the 5 year and 20 year, the 10 year severance protection is listed elsewhere.  

https://www.law.cornell.edu/cfr/text/38/3.344

Dont forget "ordinary conditions of life".  You see "ordinary" people work for a living, disabled people dont.  So substitute "while working" for ordinary conditions of life.  

 

 

[Buck52]

 This may or may not be of interest to you,,,just throwing it out there.

Remember if you get a DRO Hearing and the DRO Can get this all straighten out   it is not considered an Appeal just yet  (.ON A PROPOSAL )

I always Had thought we need to Appeal a reduction Proposal but we can request a DRO Hearing within 60 days of the proposed reduction letter and if the DRO settles this without a reduction or maybe an increase  its not considered an Appeal... A Request and an Appeal or two different things.

Now if the DRO CAN'T Settle this or your denied   then you Appeal on to the BVA after you get the SOC from the DRO on Form #9

you have time limits  so watch them close.

Edited February 12, 2019 by Buck52

[treysnonna]

Vetquest, Bronco, and Buck, I love you all.  Thanks so much for your quick replies to lead us in the right direction.  Hubby did go and get a copy of c&p. The PA made several mistakes on it.  And the paper work we sent in from the hospital stay contradicts him.  He says there is no cardiac dilation.  Papers says there is right and left atrium mild dilation.  He also checked no left ventricular hypertrophy.  Papers says  concentric lefy ventrical hypertrophy.  He has him down 5 to 7 Mets with activities such as walking 1 flight of stairs, mowing lawn, with push mower, heavy yard work like digging.  Lol. Hubby’s doctor has him down 3 to 5 Mets doing light yard work . Mowing yard on a riding lawn mower.   He also says his heart condition does not impact his ability to work.  Totally opposite of what the examiner that did the c&p in 2016.he also stated that hubby only brought partial study of echo along with a ekg.  It was an ecg, and our private doctors offic did say it was the same.  Pensacola examiner went with results of echo from previous c&p in 2016.. but with different opinions.  Thanks again guys, will keep you informed.

[Oceanbound]

Not to be taking the wrong way but none of us want to be 100% let alone 10% disable.

The goal is to get better/healthier by eating right/exercise/painting/reading/taking meds/etc etc 

[doc25]

4 hours ago, treysnonna said:

Vetquest, Bronco, and Buck, I love you all.  Thanks so much for your quick replies to lead us in the right direction.  Hubby did go and get a copy of c&p. The PA made several mistakes on it.  And the paper work we sent in from the hospital stay contradicts him.  He says there is no cardiac dilation.  Papers says there is right and left atrium mild dilation.  He also checked no left ventricular hypertrophy.  Papers says  concentric lefy ventrical hypertrophy.  He has him down 5 to 7 Mets with activities such as walking 1 flight of stairs, mowing lawn, with push mower, heavy yard work like digging.  Lol. Hubby’s doctor has him down 3 to 5 Mets doing light yard work . Mowing yard on a riding lawn mower.   He also says his heart condition does not impact his ability to work.  Totally opposite of what the examiner that did the c&p in 2016.he also stated that hubby only brought partial study of echo along with a ekg.  It was an ecg, and our private doctors offic did say it was the same.  Pensacola examiner went with results of echo from previous c&p in 2016.. but with different opinions.  Thanks again guys, will keep you informed.

Any chance the PA's last name is Abby or Abbay? I had a PA by one of those last names do my C&P exam in Pensacola also in 2007.