Pending bilateral knee appeal

[gerardo05]

I have an appeal pending for bilateral knee secondary to low back, dating back to 2007. In 2011 I was granted individual unemployability and in 2013 it was made P&T with DEA and champ VA. Today i received a call from my local VA to inform me of an up coming C&P exam,  I was informed that the exam would be for radiculophaty and knee. My case was remanded back to the Regional Office after a hearing.

I am afraid of losing my IUPT  should i withdraw my appeal? and if I do so do they cancel my C&P exam?

Lastly is my IUPT protected since I have had all of my disabilities longer than 5 years and under medical care without improvement 

Thank you

[broncovet]

Check the regulations.  It says, "Whenever the Veteran seeks an increase, this is proof he should be reduced instead."  Wait!!!  It does not say that. That is what lazy VSO's trying to sell you fear, say it says.  Decide whether to trust your VSO or these regulations, instead: (Pay particular attention to BOLD portions)  

Quote

§ 3.344 Stabilization of disability evaluations.

(a)Examination reports indicating improvement. Rating agencies will handle cases affected by change of medical findings or diagnosis, so as to produce the greatest degree of stability of disability evaluations consistent with the laws and Department of Veterans Affairs regulations governing disability compensation and pension. It is essential that the entire record of examinations and the medical-industrial history be reviewed to ascertain whether the recent examination is full and complete, including all special examinations indicated as a result of general examination and the entire case history. This applies to treatment of intercurrent diseases and exacerbations, including hospital reports, bedside examinations, examinations by designated physicians, and examinations in the absence of, or without taking full advantage of, laboratory facilities and the cooperation of specialists in related lines. Examinations less full and complete than those on which payments were authorized or continued will not be used as a basis of reduction. Ratings on account of diseases subject to temporary or episodic improvement, e.g., manic depressive or other psychotic reaction, epilepsy, psychoneurotic reaction, arteriosclerotic heart disease, bronchial asthma, gastric or duodenal ulcer, many skin diseases, etc., will not be reduced on any one examination, except in those instances where all the evidence of record clearly warrants the conclusion that sustained improvement has been demonstrated. Ratings on account of diseases which become comparatively symptom free (findings absent) after prolonged rest, e.g. residuals of phlebitis, arteriosclerotic heart disease, etc., will not be reduced on examinations reflecting the results of bed rest. Moreover, though material improvement in the physical or mental condition is clearly reflected the rating agency will consider whether the evidence makes it reasonably certain that the improvement will be maintained under the ordinary conditions of life. When syphilis of the central nervous system or alcoholic deterioration is diagnosed following a long prior history of psychosis, psychoneurosis, epilepsy, or the like, it is rarely possible to exclude persistence, in masked form, of the preceding innocently acquired manifestations. Rating boards encountering a change of diagnosis will exercise caution in the determination as to whether a change in diagnosis represents no more than a progression of an earlier diagnosis, an error in prior diagnosis or possibly a disease entity independent of the service-connected disability. When the new diagnosis reflects mental deficiency or personality disorder only, the possibility of only temporary remission of a super-imposed psychiatric disease will be borne in mind.

(b)Doubtful cases. If doubt remains, after according due consideration to all the evidence developed by the several items discussed in paragraph (a) of this section, the rating agency will continue the rating in effect, citing the former diagnosis with the new diagnosis in parentheses, and following the appropriate code there will be added the reference “Rating continued pending reexamination ___ months from this date, § 3.344.” The rating agency will determine on the basis of the facts in each individual case whether 18, 24 or 30 months will be allowed to elapse before the reexamination will be made.

(c)Disabilities which are likely to improve. The provisions of paragraphs (a) and (b) of this section apply to ratings which have continued for long periods at the same level (5 years or more). They do not apply to disabilities which have not become stabilized and are likely to improve. Reexaminations disclosing improvement, physical or mental, in these disabilities will warrant reduction in rating.

 

[GBArmy]

No, you should not withdraw your appeal. If you get a appointment for a C&P, you have to go. Was the knee and radiculophaty you appeal that was a remand? As Bronc just said, it doesn't mean you will be reduced in rating. And 5 years on the rating is significant. And, bottom line, if they id try and reduce, you can always appeal, as you can always appeal for any benefits decision. Just remember, if the examiner starts to evaluate you and it starts to hurt, tell him right away, don't tough it out.

[gerardo05]

Thank you, is just the knees that are being appeal and were remanded, I have been rated for radiculophathy for over 8 years now, I have a daughter in college who is using chapter 35 to go to school I don't want to risk her entitlement to chapter 35. My disabilities have been getting worst I just don't want to risk it