Jump to content
Using an Ad Blocker? Consider adding HadIt.com as an exception. Hadit.com is funded through advertising, ad free memberships, contributions and out of pocket. ×
  • 0

Disabilities Status Update "Update"


scooter318
This thread is over 365 days old and has been closed.

Please post your question as a New Topic by clicking this link and choosing which forum to post in.

For almost everything you are going to want to post in VA Claims Research.

If this is your first time posting. Take a moment and read our Guidelines. It will inform you of what is and isn't acceptable and tips on getting your questions answered. 

 

Remember, everyone who comes here is a volunteer. At one point, they went to the forums looking for information. They liked it here and decided to stay and help other veterans. They share their personal experience, providing links to the law and reference materials and support because working on your claim can be exhausting and beyond frustrating. 

 

This thread may still provide value to you and is worth at least skimming through the responses to see if any of them answer your question. Knowledge Is Power, and there is a lot of knowledge in older threads.

 

 

Question

The law firm that was representing me just called me and told me that the examiner at my C&P said my lower right Radiculopathy has improved and they are lowering my rate from 40% to 20% for that condition. I was wondering why my rate didn't change, with all the evidence I submitted to them. I had medical records I had an IMO done and also 3 family member statements and they took this one person word over all of the evidence I presented.So now I have to start over but from reading the post on this forum this is just par for the course and I'm going to stick i there until I get what I'm fighting for.

Link to comment
Share on other sites

6 answers to this question

Recommended Posts

  • 0

Good attitude.  If I recall correctly they do not reduce you immediately if you appeal.  That could be why nothing has changed.  Stay the course.

  • Like 1
Link to comment
Share on other sites

  • 0
  • Moderator

Scooter318 We assume your 40% rating was less than 5 years. If it was longer than that, they are not supposed to reduce based on just one C&P exam. The VA has to show that it not only is better, but it has remained so for an extended period of time. Keep fighting.

Link to comment
Share on other sites

  • 0

HI GBArmy

Your right it's been just 3.5 years, but I have a question is it common for the VA to take the word of the PA over the dr. that did my IMO. And the reason that I ask that is because I was in the office for the IMO over an hour and the PA literally had me do a ROM test and I was in and out in 15min. Also a previous poster mentioned that if I file an appeal they won't lower my rating until the new appeal is done do you know that to be true.

Link to comment
Share on other sites

  • 0
1 hour ago, scooter318 said:

HI GBArmy

Your right it's been just 3.5 years, but I have a question is it common for the VA to take the word of the PA over the dr. that did my IMO. And the reason that I ask that is because I was in the office for the IMO over an hour and the PA literally had me do a ROM test and I was in and out in 15min. Also a previous poster mentioned that if I file an appeal they won't lower my rating until the new appeal is done do you know that to be true.

Just gonna leave this here. https://cck-law.com/blog/what-happens-when-va-proposes-to-reduce-my-disability-rating/

"If a veteran does not agree with the proposed reduction, he or she has 30 days to request a hearing (although this step is not necessary to fight a reduction). If you do request a hearing, VA cannot reduce a veteran’s rating until it is held. Requesting a hearing can supply the veteran with additional time to submit new evidence to fight the proposed reduction. Whether you request a hearing or not, veterans have 60 days to submit new evidence."

Edited by awgv001
  • Like 1
Link to comment
Share on other sites

  • 0

HI awgv001

Thanks for the info that is really good to know, so when I receive my packet in the mail I'm going to request a hearing to submit new evidence. I've already call the doctor that did my previous IMO to have another one scheduled.

Link to comment
Share on other sites

  • 0
  • Moderator

Scooter If you request a hearing and submit new evidence, you are talking about going to the BVA. You can't have new evidence, such as a new IMO, and submit at HLR. I'm not suggesting you don't; I'm just saying that is your option with new evidence, or, submit a new supplemental claim can be an option also.

Link to comment
Share on other sites



  • veterans-crisis-line.jpg
    The Veterans Crisis Line can help even if you’re not enrolled in VA benefits or health care.

    CHAT NOW

  • question-001.jpeg

    Have Questions? Get Answers.

    Tips on posting on the forums.

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery instead of ‘I have a question.
       
    2. Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title.
      I don’t read all posts every login and will gravitate towards those I have more info on.
       
    3. Use paragraphs instead of one massive, rambling introduction or story.
       
      Again – You want to make it easy for others to help. If your question is buried in a monster paragraph, there are fewer who will investigate to dig it out.
     
    Leading too:

    exclamation-point.pngPost straightforward questions and then post background information.
     
    Examples:
     
    • Question A. I was previously denied for apnea – Should I refile a claim?
      • Adding Background information in your post will help members understand what information you are looking for so they can assist you in finding it.
    Rephrase the question: I was diagnosed with apnea in service and received a CPAP machine, but the claim was denied in 2008. Should I refile?
     
    • Question B. I may have PTSD- how can I be sure?
      • See how the details below give us a better understanding of what you’re claiming.
    Rephrase the question: I was involved in a traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?
     
    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial of your claim?”
     
    Note:
     
    • Your first posts on the board may be delayed before they appear as they are reviewed. This process does not take long.
    • Your first posts on the board may be delayed before they appear as they are reviewed. The review requirement will usually be removed by the 6th post. However, we reserve the right to keep anyone on moderator preview.
    • This process allows us to remove spam and other junk posts before hitting the board. We want to keep the focus on VA Claims, and this helps us do that.
  • 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

  • VA Watchdog

  • 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