I received a proposal to reduce

[mclevela726]

Hello,

I received a proposal to reduce the evaluations of my  Intervertebral Disc Syndrome with Radiculopathy (previously rated as intervertebral disc syndrome w/ DDD of L5-S1); Radiculopathy, Left Lower Extremity; Radiculopathy Right Lower Extremity on February 7th, 2019. 

To be more specific, the proposal states "We have reviewed medical records concerning your service-connected disabilities and noted some improvement, We propose to reduce our evaluations of the disabling effects for conditions as follows:

Intervertebral Disc Syndrome with Radiculopathy (previously rated as intervertebral disc syndrome w/ DDD of L5-S1) - Current: 40% | Proposed: 20%

Left Lower Extremity - Current: 40% | Proposed: 20%

Radiculopathy Right Lower Extremity - 40% | Proposed: 20%"

The proposal also states, "What Evidence Can you Submit...the best type of evidence is a statement from a physician who recently treated or examined you". As such I submitted a letter from my Private PCP February 12th, 2019, containing his statement. In his statement, my PCP said that my conditions of lower extremity radiculopathies are "moderate to severe". and there has been "no change". I also submitted a record from a recent urgent care visit (regarding the above conditions) and an SOC with that letter.

In the SOC I stated, "Lastly, I argue that the evidence VA used to propose reduction in evaluations, in addition to the evidence I am submitting here, does not support a reduction in evaluations (with all above named conditions being currently evaluated at 40% and being proposed to reduce to 20%) nor does it support the idea that a material improvement in the above named conditions is clearly shown nor would clearly be shown under ordinary conditions of life. (38 CFR § 3.344 Stabilization of disability evaluations)." [Of note: In the last year I have had a new MRI of my lumbar spine (which showed "significant abnormalities"), been through acupucture (with no improvement shown), been through the pain clinic (with no improvement shown), been through aqua therapy (with no improvement shown), as well as a trip to the ER and a trip urgent care and placed on medications. Which is why I argued what I argued.

Additionally, my Neurologist also prepared a Thoracolumbar DBQ, for which I just received and that I will be submitting to VA on Monday.

Having said all that, I am completely exhausted when it comes to fighting VA. I hope all of what has been done works! Because I no longer have it in me to fight for something that is already taking so much out of me.

What more can I do?

Thanks.

Clyv

 

[Buck52]

okay well

unfortunately

 your request went right to file #1 trash can.

you need to go to the window and request you see a VSO  about your benefits, you need to sign in and request that & sign a FOIA, And you take a seat wait until called, go back meet with the VSO and just tell him you need a copy of your QTC Exam on Date **/**/****

He gets your SS # OR Claim # which is usually the same,

and he can look on the computer for that exam and make you a copy.

don't let him/her tell you other wise   the VBA is there to help veterans with their benefits.

Edited February 25, 2019 by Buck52

[Berta]

This vets law firm has some excellent info on your disability- and be sure to read the  Radiculopathy info 

 https://cck-law.com/news/intervertebral-disc-syndrome-ivds-and-va-disability/

I think and hope your medical evidence will help rectify this-

What are the diagnostic codes they have used in the past for your disability....?

The VA should be attaching those C & P results to our claims decisions.

You stated that VA said:

 "We have reviewed medical records concerning your service-connected disabilities and noted some improvement, We propose to reduce our evaluations of the disabling effects for conditions as follows:"

Did they even specifically  mention at all the 2 C & P exams- or any medical rationale  from any doctor ,in the decision and in the evidence list

They say "we reviewed" etc - and ' we' could mean just some rater anxious to get the file off his/her desk.

I just I am concerned because of a C & P exam the VA has failed to release to me since August.

I called the WH last week about it.

I do not believe ( and shared that with the WH and the OAWB,) that any medical person prepared it.I named the VARO individual  ( a VSO or lackey for their director)who told me he knew who would do it - and I believe it could have been that  VARO person himself , who has no medical background at all, and whoever prepared it attempted to reverse Probative evidence, listed on the denial- but they reversed in 3 weeks to an award-

My Probative evidence came from the Top Cardiologist at VA Central. I think  even a 12 year old could read it.

In my CUE I specified all the statements this VACO doctor made regarding what the disability claim was for, and why it was a contributing factor in my husband's death.

( maybe the C & P  was done by an 11 year old)

Vets I hate to remind, again but this is the crap your survivors might have to put up with.

Make sure your hadit password is in your files with the most important stuff he/she will need when you die.

I bet some widows would have accepted their outrageous denial-and never even Cued or Nodded it.

 

 

 

 

 

 

 

 

[Buck52]

Right on Ms berta!!!

[mclevela726]

1 hour ago, Berta said:

This vets law firm has some excellent info on your disability- and be sure to read the  Radiculopathy info 

 https://cck-law.com/news/intervertebral-disc-syndrome-ivds-and-va-disability/

I think and hope your medical evidence will help rectify this-

What are the diagnostic codes they have used in the past for your disability....?

The VA should be attaching those C & P results to our claims decisions.

You stated that VA said:

 "We have reviewed medical records concerning your service-connected disabilities and noted some improvement, We propose to reduce our evaluations of the disabling effects for conditions as follows:"

Did they even specifically  mention at all the 2 C & P exams- or any medical rationale  from any doctor ,in the decision and in the evidence list

They say "we reviewed" etc - and ' we' could mean just some rater anxious to get the file off his/her desk.

I just I am concerned because of a C & P exam the VA has failed to release to me since August.

I called the WH last week about it.

I do not believe ( and shared that with the WH and the OAWB,) that any medical person prepared it.I named the VARO individual  ( a VSO or lackey for their director)who told me he knew who would do it - and I believe it could have been that  VARO person himself , who has no medical background at all, and whoever prepared it attempted to reverse Probative evidence, listed on the denial- but they reversed in 3 weeks to an award-

My Probative evidence came from the Top Cardiologist at VA Central. I think  even a 12 year old could read it.

In my CUE I specified all the statements this VACO doctor made regarding what the disability claim was for, and why it was a contributing factor in my husband's death.

( maybe the C & P  was done by an 11 year old)

Vets I hate to remind, again but this is the crap your survivors might have to put up with.

Make sure your hadit password is in your files with the most important stuff he/she will need when you die.

I bet some widows would have accepted their outrageous denial-and never even Cued or Nodded it.

 

 

 

 

 

 

 

 

They said they used 2 C&P exams to propose the reduction and that was all. They did not mention considering anything else (i.e. years of medical-industrial history, etc.).

[paulstrgn]

Quote

 

I find this very interesting for I just received a letter the other day stating the same thing. A proposal to reduce for my IVDS and both left and right radiculopathy on February 12, 2019. This came from the Roanoke VA office. I am a little confused since my conditions were listed as "Static", I thought when its listed as static they don't look at it again and also once you are over 55. I called the WH number to have the VA explain what medical evidence did they look at to determine a proposed reduction. I also had an C&P for an increase for my IVDS by QTC.