Proposal to Reduce Part 2

[mclevela726]

Good morning,

So a couple of months ago I posted that VA had sent me a Proposal to Reduce. In the proposal they alleged that the radiculopathies in both my lower extremities had showed improvement and would currently rate as "moderate" from the "moderately severe" that I had been evaluated for previously.

As such, I requested the report from the current C&P exam that they used to "show that improvement" and I got the DBQs from that yesterday. All the while I was thinking that I got a "bad exam", but to my surprise the C&P examiner stated in one DBQ that my radiculopathies were "Severe" and in another he marked my Sciatica as "moderately severe". So, can anyone tell me why I might have received this proposal to reduce and how do I go about correcting this?

Thanks.

[broncovet]

There is much on hadit on proposed reductions.  This is what cck law says:

https://cck-law.com/news/va-rating-reduction

In short, you can dispute the reduction with a hearing and/or by submitting new evidence.  

Its my opinion you probably should also apply for an increase, since, according to your post, your condition got worse not better.  

Make your intentions to dispute the proposed reduction clear.  Ask for a hearing.  

At a minimum, cite the proposed reduction letter, submitting your new evidence with a cover letter stating you dispute the proposed reduction.  

I did that (I dont do "hearings", as I dont hear well enough to feel confident doing them, even with hearing aids).  

Here is how I did it:

                                        xxx-xy-xx21

                                        Veteran, Joe

Re:  Proposed reduction letter dated 2-27-19 reference number b321384.

    I am in dispute of the proposed reduction as my conditions have not gotten worse.  Further, my dependents have not changed.  

    Enclosed is an exam refuting the reduction as well as the new forms for dependents. 

     I certify the above is true to the best of my knowledge. 

ENCLOSURES:  Dependent forms, exam dated 4-27-19.  

Joe Veteran, April 4, 2019 

 

You have my permission to use the above "template" as a letter to dispute the proposed reduction..  

Edited April 4, 2019 by broncovet

[mclevela726]

Thank you, Broncovet!

[ShrekTheTank]

22 minutes ago, broncovet said:

There is much on hadit on proposed reductions.  This is what cck law says:

https://cck-law.com/news/va-rating-reduction

In short, you can dispute the reduction with a hearing and/or by submitting new evidence.  

Its my opinion you probably should also apply for an increase, since, according to your post, your condition got worse not better.  

Make your intentions to dispute the proposed reduction clear.  Ask for a hearing.  

At a minimum, cite the proposed reduction letter, submitting your new evidence with a cover letter stating you dispute the proposed reduction.  

I did that (I dont do "hearings", as I dont hear well enough to feel confident doing them, even with hearing aids).  

Here is how I did it:

                                        xxx-xy-xx21

                                        Veteran, Joe

Re:  Proposed reduction letter dated 2-27-19 reference number b321384.

    I am in dispute of the proposed reduction as my conditions have not gotten worse.  Further, my dependents have not changed.  

    Enclosed is an exam refuting the reduction as well as the new forms for dependents. 

     I certify the above is true to the best of my knowledge. 

ENCLOSURES:  Dependent forms, exam dated 4-27-19.  

Joe Veteran, April 4, 2019 

 

You have my permission to use the above "template" as a letter to dispute the proposed reduction..  

I think Bronco meant to put your conditions have gotten worse.  

[broncovet]

You are welcome.  The above letter is a great time to ask for a hearing.  Most people do request a hearing.  Again, I dont do hearings..they are a source of extreme stress for me.  

[broncovet]

Yes.  If your conditions got worse, enclose the forms for an increase, and so state in your letter.  

[mclevela726]

7 minutes ago, shrekthetank1 said:

I think Bronco meant to put your conditions have gotten worse.  

Thank you Shrek. It may not have been said, but I got the gist of what he meant. Thank you for clarifying though!