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[HELP] proposal to reduce + denied tdiu

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Fearless

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I do not know what more I can do. I was denied tdiu and now they want to reduce my percentage.

I am flagged by the VA as high risk, I take multiple medications (antidepressant, antipsychotic, anti-anxiety)recently my LCSW said that I could not work the  way I am now.

Do I ask her and my psychiatrist to write a letter stating this?

They do not mention my ability to work in my online health records, so I believe that may be screwing me over.

Do I ask for a hearing, or do I wait for the reexamination? 

Exam: http://imgur.com/a/x4bGfv1

Edited by Fearless
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sorry just opened your link.  

So did you only put in for TDUI?

I assume this reopened your claim?  If so then they are doing this to see if they can swindle you out of the range.  

So you need your IMO's from your doctors.  You need to reply back that you disagree.  Also you have to show them you are out of work for TDUI.  

It also looks like they are sending another letter for the reduction.  When they do if we could see that.  

Edited by shrekthetank1
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Yes, please post more info so we can see how to help.There are people on here that are extremely knowlegeable and can offer assistance based on years of experience. 

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35 minutes ago, shrekthetank1 said:

sorry just opened your link.  

So did you only put in for TDUI?

I assume this reopened your claim?  If so then they are doing this to see if they can swindle you out of the range.  

So you need your IMO's from your doctors.  You need to reply back that you disagree.  Also you have to show them you are out of work for TDUI.  

It also looks like they are sending another letter for the reduction.  When they do if we could see that.  

  1. Yes. Tdiu because of SC depression
  2. The only people I see is the psychiatrist and LCSW. They are both working at the VA. I'm afraid that they would not do an IMO, or write a statement because they work for the VA. I can not afford a private doctor.  
  3. The last 2 images are from the second letter. I left out the generic stuff. 

I would like to point out that my LCSW diagnosed me with PTSD and said that i'm suffering from symptoms. She was confused as to why they have not added PTSD to my medical records. 

Edited by Fearless
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So a couple of things you can do here to combat this.  Open a Claim for PTSD!  As of right now they are not considering this in your claim.  This is something I am guilty of is not putting in for new claims I should put in for when they come about.  As for right now my IBS is causing GERD, so I need to claim this now.  Also my Fibro is causing rheumatoid arthritis.  

And yes you can ask them to write an opinion.  I have only been turned down once of the 8 times I have asked.  

Is your depression getting better?  If not then you need to talk to your doctors about this as they have said it looks to be.  

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  • HadIt.com Elder

The VA is saying  over all  evidentary  records shows the criteria for your 50% is closely  as what the correct rating and not the 70% they gave you under the 38CFR4.7 CFR 4.26

you need to have more symptoms like  occupational  social impairments like  work school social behavior toward family and others this would be under the 70% rating criteria  they are say you have the 50% rating criteria after viewing your medical records    so this means your therapist has said your showing an improvement, if you don't feel like you have made an improvement over the course of your treatment  you need to ask your therapist or let her know you don't feel like your better  its either about the same or worse. 

I would sure try that and see if she will write you that letter that your condition has not changed..if she won't  request the hearing review and gather up your evidence that says you meet the 70% criteria rating or higher... you might need to go get a IMO/IME to present as your new and meterial evidence  if your therapist won't help you on this.

 

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