Disabilities Status Update "Update"

[scooter318]

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.

[vetquest]

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.

[GBArmy]

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.

[scooter318]

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.

[awgv001]

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 March 6, 2020 by awgv001

[scooter318]

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.

[GBArmy]

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.