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Favorable C&P exam, but still proposing to reduce!


mclevela726

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So, back in February I received a letter from VA proposing to reduce my benefits.  Because I am in dispute of this proposal, I requested a copy of the C&P exam report to see what it said.

The decision letter proposing the reduction states that:“Upon review of your service connect radiculopathy, left lower extremity, your current evaluation is most consistent with a 20 percent evaluation. Your VA examinations dated ######## and ######## state mild and moderate respectively. Improvement was noted on both examinations.”

However, the report (noted above) from the most recent C&P shows that the examiner opined that the radiculopathy, left lower extremity was “Severe”.

The decision letter proposing the reduction states that:“Upon review of your service connect radiculopathy, right lower extremity, your current evaluation is most consistent with a 20 percent evaluation. Your VA examinations dated ######## and ######## state mild and moderate respectively. Improvement was noted on both examinations.”

However, the report (noted above) from the most recent C&P shows that the examiner opined that the radiculopathy, right lower extremity was “Severe”.

I’d hate to accuse anyone of lying but based on what I see it sure feels that the rater did.

Has anyone else ever had a favorable C&P exam and still received a proposal to reduce benefits? If so, what did you do to stop this?

On a side note, my ratings for these conditions have been in place for more than 5 years!

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I received an email from the VA not long ago and one of their questions was, "Do I trust the VA?"

I answered  "Yes".

 

I trust they will screw up everything they touch.

I do not lie.

Edited by 63Charlie (see edit history)
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You can never trust the RO or read all of your records and consider them correctly.  That is what the BVA is there for unfortunately.  You did not include the doctor's write up, did the doctor contradict himself?  Read the examination carefully and see if the doctor's paragraph disagrees with what he checked.

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send this in as evidence to rebut the rater

''However, the report (noted above) from the most recent C&P shows that the examiner opined that the radiculopathy, right lower extremity was “Severe”.

My condition for Radiculopathy has not improved  and is servere I request  VA cancel the proposed reduction  

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11 hours ago, Buck52 said:

send this in as evidence to rebut the rater

''However, the report (noted above) from the most recent C&P shows that the examiner opined that the radiculopathy, right lower extremity was “Severe”.

My condition for Radiculopathy has not improved  and is servere I request  VA cancel the proposed reduction  

Thank you Buck 52!

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