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How would you appeal this?


mclevela726

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Here is another of the DBQs (Second C&P exam) mentioned in the letter:

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Here's what VA said when they proposed the reduction:

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I would note that the doctors doing the DBQ's did not read your records.  I would also get an IMO from a civilian doctor if you can afford one.  I am also seeing a lot of things marked severe not moderate.  I do not know how to read one of these exams but it seems inconsistent with the decision.  Also, do you have a condition that was expected to improve?  Back injuries do not usually get better do they?

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12 minutes ago, vetquest said:

I would note that the doctors doing the DBQ's did not read your records.  I would also get an IMO from a civilian doctor if you can afford one.  I am also seeing a lot of things marked severe not moderate.  I do not know how to read one of these exams but it seems inconsistent with the decision.  Also, do you have a condition that was expected to improve?  Back injuries do not usually get better do they?

I can't speak for everyone, but my back and legs haven't. 

Thanks for the help!

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A couple of thoughts. 

1. I contend that VA erred in interpreting the evidence in the examiner's report

2. I contend that VA erred in its decision in that it did not consider the provisions of 38 CFR 3.344, therefore the reduction is ab initio.

Thanks for the help!

Edited by mclevela726 (see edit history)
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Take all these DBQ's to an experienced  VA Attorney or certified accredited VA Claims Agent.

Let him/her work on this.

CUE is very hard to win even when we think we got this.

you should check your C-file IF You have not yet ??and also all medical  records /notes from Dr's that has treated you

Edited by Buck52 (see edit history)
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1 hour ago, Buck52 said:

Take all these DBQ's to an experienced  VA Attorney or certified accredited VA Claims Agent.

Let him/her work on this.

CUE is very hard to win even when we think we got this.

I agree Buck. I can't help but think of the saying "a person who represents him/herself in court has a fool for a client".

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Hi there.  I'm a VA disability lawyer... happy to look into this further, but here's a start--

Your initial question was "how would you appeal this?"  The answer depends on where you are in the process procedurally.  I can't see the title page from what was posted, but it seems to be an RO decision letter reducing your disability rating.  If so, the first step is to file a Notice of Disagreement (NOD Form 21-0958).  If this is a Statement of Case instead of an initial decision letter, then an appeal to the Board of Veterans' Appeals would be the next step (VA Form 9).  If this were a Board decision, then the next step would be to appeal to the US Court of Appeals for Veterans Claims.  

Feel free to email me directly, I'm happy to set up some time to talk in detail: raza@rsmlawfirm.com

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