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Proposed reduction of disability rating

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morganpam

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Hi! I received my decision letter from my last review.  I spent just over 5 minutes with the psychologist for my exam. I’ve been rated at 100% since 1 Feb 2010. They said my mental health has shown improvement and reduced my rating.  I’ve been on the max dose of anti-depressants for 8 years, I tried taking 3 college courses last year and had to drop 2 because it was overwhelming, I am dealing with not only what I was rated for when I retired but have additional diagnoses of gastroparesis, Narcolepsy, pudendal neuralgia, loss of bladder and bowel control and anger issues which are all service connected. I just never bothered creating a new claim as I was already 100%, though not P&T .  I deal with almost weekly pelvic floor and pudendal nerve injections, have had 4 surgeries and am facing more with that whole mess, have no social life, suicidal thoughts, and grief over how my career went downhill over the last 5 years ending on a hugely sour note. But, they say I’m improved and reduced the mental health rating from 70% to 50%. My overall rating will be 90% which means I’ll lose my dental benefits too which is a concern with the constant throwing up with gastroparesis. I’ve had several appointments with a mental health counselor for one on one counseling but it takes everything I have to get myself together and drive the 75 minutes to the VA just to talk to someone who doesn’t seem to know how to help me. I don’t understand why they think I’m improved.

We were also counting on the free college tuition offered in our state for daughter who is a junior so still had another year before heading off to college. I’ll lose that benefit as well. 

 

All that to say, do I appeal or request a hearing? I’ve had several reviews over the years but this was the first they have proposed reducing my rating. 

 

Thanks!

Edited by morganpam
Forgot to add something.
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  • Lead Moderator

Morganpam,

Yes Appeal this decision.  You do not want to miss your window to fight this.  You can get an IMO and this will help a lot!.  

Now for the rest of your conditions you did not claim.  In my opinion you should never stop fighting the VA as your conditions will keep becoming more and worse off.  I would say open a new claim TODAY as if you wait till tomorrow you miss a month.  Opening it today you have 1 year to complete it.  You can open it on Ebenefits or Va.gov.  Also there are other benefits beyond the 100% which you might need.

So it is time to get back in the fight!  My advice is to check back here with your updates and check your posts as there is tons of great advice to help you!  Everyone here will fight with you as it is a daily struggle for us all.  We are a dysfunctional family with the same goal!

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  • HadIt.com Elder

Shrek is spot on; submit all of the disability claim you are entitled to. I realize that you are new to Hadit, but this is a perfect example of what NOT to do. Just because you are rated 100% doesn't mean that the VA can't back door you and take some of your entitlements away. You probably were advised that once you get to 100, you are at the top of the VA mountain and can't go any higher. WRONG. Not only are there SMC's, special situations for additional monetary benefits, but you and your family will get DIC if you should pass from one of those "new" disabilities that you get. And get additional funeral benefits, etc. But the most important reason in my opinion is the "insurance" you get just in case the VA reduces your overall rating. This can be especially something that can happen to folks with TDIU; their 100% not P&T. Get those new claims going now!

 

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  • HadIt.com Elder

They may have got word you have improved from your  therapist notes  so check them off myhealth e vet ..to see what has been mention about your MH Disability.

They need to inform you of a C&P EXAM  for possible reduction  its called a proposal to reduce your benefits as they have got word your disability has shown an improvement  and you may need to get an IMO to rebut what this therapist or Dr has mention about you?

you can appeal and state your case as to why your disability has not shown improvement  with your IMO.

Some times the proposals are a blessing   they could increase you if you have got worse   but you need a Qualified Dr to help you with it  they don't believe us Veterans  so we have to pay a Dr out of our own pocket to fight the VA when this kind of crap happens to us.

Ususlly a DRO Hearing at your R.O. would clear this all up. if not then it heads on over the BVA.

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Hi there,

Typically I suggest anyone debating between a hearing versus appeal to go for the appeal route.  Unless the claimant is represented by counsel, hearings tend to be fishing expeditions where the VA has free license to later use all of the testimony collected against the veteran in claim denials.  Appeals are in writing and if the Board denies the claim, they are still required to provide their legal reasons and bases.  That way, if there are errors, they can be addressed by a professional.

You mentioned career troubles due to disabilities... have you considered a claim for TDIU (total disability due to individual unemployability)?  It may be a possibility in this situation.

Feel free to reach out to me directly, I'm a VA Accredited veterans disability attorney:  raza@rsmlawfirm.com

All the best...

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Thank you for the replies. Should I see a psychologist for an independent evaluation? Is there a way to get the doctor’s  notes from the review exam?  I’ve only seen someone for individual counseling a few times over the last few years as it never helps and it is a 75 minute drive each way which is difficult when I’m having trouble even getting ready to leave the house. I looked at the notes from those appointments and he didn’t write much. The notes from the psychiatrist I have to see every 6 months and who prescribes my antidepressants, states that I have chronic suicidal ideation and get anger/grief issues. 

I don’t have any evidence to submit showing that I’m, in fact, not doing any better than I have over the last 15 years including before and after I retired. 

Thanks again!

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I actually just went through this with my hip condition.  You can call the va request a reevaluation saying you don't feel that it was thorough.  I just did this in February.   And get a private doctor to give you an evaluation then submit it.  Some of your local veteran services might know of a private doctor.   I'm sure as of now it's only a proposal to reduce your benefits.  You can possibly call around to some local psychiatrists to see if they do va evaluations or can give you a lead.  I can let you know what form it is if you need more info.    The address to submit it to is;  fax, 1-844-531-7818  address: department of veterans affairs  evidence intake center p.o. box 4444 Janesville, wi 53547-4444.    The va tried doing the same thing to me but I got an increase instead.

Edited by Bullycat
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