Jump to content
  • 0

Proposed reduction of disability rating


morganpam

Question

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.
Link to comment
Share on other sites

Recommended Posts

  • 0

Just wanted to update. It turns out they didn’t have my VA mental health records so, after reviewing those and a comp exam, a week later my appeal was not only approved but my rating is now 100% P&T.

  • Like 1
Link to comment
Share on other sites

  • 0
  • Moderator

Congratulations!  We dont have to fear the big, bad reduction wolf.  He really is a puppy dog, because they removed all his teeth with this regulation:

https://www.law.cornell.edu/cfr/text/38/3.344

This said, since the puppy dog doesnt smile, we dont know he has no teeth, so many are still afraid of him.  Nice Puppy,  come here!!

Of course, he could knock you over and lick you to death!  Lol

Edited by broncovet
Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Ads

  • Ads

  • Ads

  • Our picks

    • I already get compensation for bladder cancer for Camp Lejeune Water issue, now that it is added to Agent Orange does it mean that the VA should pay me the difference between Camp Lejeune and 1992 when I retired from the Marine Corps or do I have to re-apply for it for Agent Orange, or will the VA look at at current cases already receiving bladder cancer compensation. I’m considered 100% Disabled Permanently 
      • 20 replies
    • 5,10, 20 Rule
      The 5, 10, 20 year rules...



      Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.



      Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.



      Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.



      If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"



      At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.



      NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.



      ------



      Example for 2020 using the same disability rating



      1998 - Initially Service Connected @ 10%



      RESULT: Service Connection Protected in 2008



      RESULT: 10% Protected from reduction in 2018 (20 years)



      2020 - Service Connection Increased @ 30%



      RESULT: 30% is Protected from reduction in 2040 (20 years)
        • Like
      • 58 replies
    • Post in New BVA Grants
      While the BVA has some discretion here, often they "chop up claims".  For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.  

      I hate that its that way.  The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel.  
        • Like
    • Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!

      My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.

      Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!
      • 18 replies
    • I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even  reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and  nothing about stressor,
  • Ads

  • Popular Contributors

  • Ad

  • Latest News


  • veteranscrisisline-badge-chat-1.gif

  • Fund HadIt.com

    406%
    $6,103.00 of $1,500.00 Donate Now
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

×
×
  • Create New...

Important Information

{terms] and Guidelines