Va proposal to reduce award

[pointer123]

The VA is rating a previously awarded claim for 80% that got caught for late flowing evidence and are  now in the process of re-rating  all contentions in the awarded claim under EP 930. They are now stating that the rater that awarded me 30% for an eye problem for detached retina complications in the first claim made a mistake by using the diagnostic code for aphakia to give me 30%. Is this a VA CUE or just judgement by the rater that should stand as rated?

[Buck52]

I would say you need to check the M 21-1 For this question

EP means end Product  if the  rater made this type of error in rating  then they can come back to correct it.

CUE is another thing to consider  but if it won't change the outcome  you have no bases for CUE

Medical evidence is the best way to prove something like this  and a good IMO/IME from a respected certified specialist in this  field of medicine is some times the best way to keep our rated benefits and some times this leads to an increase and not a reduction...

 

[broncovet]

Im not following you.  I dont know exactly what this means:

Quote

The VA is rating a previously awarded claim for 80% that got caught for late flowing evidence and are  now in the process of re-rating  all contentions in the awarded claim under EP 930

Under the doctrine of equipose, if you have a balance of positive and negative evidence, the Veteran would get the benefit of the doubt.  So, if you have a rating, and the VA gets ("caught for late flowing evidence") some evidence "against the claim", they may or may not reduce you.  

If you mean you submitted new evidence in favor of your claim, yes, the VA should reopen and consider the new evidence.  

To reduce you, the VA has to send you a letter of a proposed reduction and you have 60 days to provide new evidence to refute and explain why you should not be reduced.  Have you received a letter of proposed reduction? 

[Buck52]

Sounds like they must have did a review of his entire claim  for some reason?

if you sent in for a increase  this is usually what prompts this to happen  then they start diggin for answers  if they think they have a slim chance in reducing a veterans benefits that they already awarded   you bet they will come after you.

but as broncovet mention they have to send you a proposal to reduce you first and you keep your benefits as long as this is in appeals or until they prove they was right.

[pointer123]

No letter. 

If they used their head, they could rate my left eye for uncorrectable bilateral diplopia because the left eye acuity is worse that the right eye so that should be the eye that gets the rating.  My right eye is 30% and  was awarded over 20 years ago.

But they have to figure out how to get this claim with all the contentions re-rated and closed first. They should have rated it that way the first time, but they just assumed in the first C&P that prism glasses would fix the central double vision problem which the second C&P established as persistent and uncorrectable.

 

[Buck52]

Unfortunately the Raters are not Dr's You need a qualified Dr to give his favorable opinion on this  they will not take our word for it simply because were not Dr's  or you need to re flute this C&P Examiner with a private IME from a specialist  that will go into detail more so than the C&P Examiner Did.

[pointer123]

I think the claim got caught in a STAR review in Memphis and thatresults  opened Pandora's box.  I attended 3 new C&Ps for awarded claims and they sent out 15 medical opinion requests for various other denied requests which are now pending.

The second C&P audio exam results pissed them off because the doctor they sent me to came back with a 50% hearing loss assessment.  The second doctor was more qualified than the first, but they are sending out a third request for a new audio exam.  I am sure they will find one who give the the numbers they want sooner or later.