va severing service connection due to cue

[edwards7986]

the va said they are proposing to sever a service connected disability due to a clear and unmistakable error.(not fraud) this drops me from 100 to 90 percent. do i have to pay back the 1300 dollars a month more  i recieved for 10 months at the 100 percent rate vs the 90?

[broncovet]

What does the proposed reduction say?  Does it give an effective date?  Do you plan on disputing the proposed reduction (you probably should unless you agree with them)  

My opinion:  Its unlikely you will be charged back 10 months.   

    Years ago, I got married and reported my wife was a nurse, as I was on pension.  Sure enough they kept sending me pension for 18 months.  

They tried to "claw back 6000 dollars".  I filed for a waiver of the 6000 through "debt management".  I argued that its not my fault the VARO didnt process my claim for 18 months, and that it would be an undue financial burden.  I won and did not have to pay back a penny. 

[Buck52]

 APPEAL THIS ASAP.

Wait until you get a proposal to reduce letter UNLESS YOU GOT IT?  they will tell you why in the letter and  what to do if you disagree ,(or they are suppose too) 

YOU HAVE 60 DAYS TO RESPOND BACK AFTER YOU RECEIVE THE PROPOSAL TO REDUCE YOUR BENEFITS.

   you may need to get a private Independent medical opinion  from a qualified Dr  (prefer a specialist)in the field of medicine your condition is and take him your pertinent medical records  that would be good evidence to show your condition that it is likely as not your condition happen while in the military   your Military MOS is crucial in some way to what you may be claiming.   but wait until you get the letter to propose your reduction, Ask the Dr to use the VA Lingo I have examine this veteran and read his medical records including his military medical records and   ''it is my pro medical opinion that your medical condition is likely as not your medical condition was caused by your military service 

ask this private Dr to give his professional medical opinion after he /she examines you and reads your medical records.(as stated above)

as for as paying the difference in the pay back no you don't have to pay that back on a proposal  only if they prove fraud.

but you need to fight this   when you get the letter  or if you have received it.

you have 60 days to let them know what you want to do  usually this will take an request for a DRO Hearing at your R.O. HOPEFULLY HE/SHE CAN SOLVE IT AT THE  R.O. LEVEL,  IF IT CAN'T BE SOLVE AT THE RO LEVEL  AND YOUR DENIED , THEN ITS OFF TO THE BVA  FILE THE #9 FORM.

YOU NEED EVIDENCE TO DISPUTE THE REDUCTION.

Warning*  you must send in your disagreement within 60 days of receipt of the proposed letter   please do that so you won't get your benefits taken away and they win

[pacmanx1]

It would really help this board if you would explain a little more.  Why? What evidence does VA say they have that you don't meet the 100% rating or what evidence are you missing in your records to meet the 100% rating?  Do you agree with VA proposal to reduce your rating? Most definitely if you are reduced, file a waiver to not have to pay the debt that was not due to fraud. If you have or when you get the letter redact all personal information and post it so we can try to help more. I know a little personal but we are here to try to help and remember to redact/remove/cover up any personal information ex: name, address, SSN, claim number.

[edwards7986]

i had a rating for migraines and vertigo. then i applied for tbi and they denied and also are proposing to sever the migraines and vertigo due to no nexus because the rating for the migraines and vertigo were attributed to tbi. i thought i had proven service connection with my med records originally, but i guess not. i dont know the details beyond that what was in the decision letter. i dont have a rep or anything. 

[FormerMember]

I'm seeing or hearing this almost every week. With the corona virus in full swing, it was virtually impossible to meet with a VSO service rep to file a claim.  Numerous VA telecommuting raters with nothing better to do at home, have been ordered to access  the VBMS and began looking for claims for increase to CUE on old, out-of-date criteria. They are flooding the Vetsphere with these reductions. Everyone, even VA personnel in VBA, want to appear productive. Bingo. What's left to do? SOCs, SSOCs, dependency claims and reduction proposals.

Now, the regulations concerning this are critical as several others mentioned above. Much like a hand grenade, you have a 30 day grace period to contact VA- even if it's only the 800-827-1000 Dial-A-Prayer line. Your call to complain stops the whole procedure and turns it into an investigation with a hearing rather than an automatic reduction proposal. You are entitled to a hearing to dispute it. VA raters prefer an informal telephone call with no recording of the event during the current crisis. Be polite and say you'll be scheduling when you can show up in person.

Most folks looking for reduction guidance stop at §3.105(e) and see that 60-day hand grenade. Scroll down further to §3.105(i):

(i) Predetermination hearings.

(1) In the advance written notice concerning proposed actions under paragraphs (d) through (h) of this section, the beneficiary will be informed that he or she will have an opportunity for a predetermination hearing, provided that a request for such a hearing is received by VA within 30 days from the date of the notice. If a timely request is received, VA will notify the beneficiary in writing of the time and place of the hearing at least 10 days in advance of the scheduled hearing date. The 10 day advance notice may be waived by agreement between VA and the beneficiary or representative. The hearing will be conducted by VA personnel who did not participate in the proposed adverse action and who will bear the decision-making responsibility. If a predetermination hearing is timely requested, benefit payments shall be continued at the previously established level pending a final determination concerning the proposed action.

In any event, the reduction letter will vaguely refer to 30 days about page 3. If you blow past the 30-day date, you can still get the hearing but they can reduce your entitlement in the meantime. The standard practice is to whack you with an effective date 6 months into the future from the date of proposal to reduce. They will make the rating decision almost immediately after the 30-day limit expires.

If you file the protest of the reduction and the request for a hearing within the 60 days, they will eventually schedule it. But all is not lost. My Win or Die technique is to never let a reduction stand. If you give up and get whacked once, they'll almost always come back again later. I'm proactive on this. Even if my client is poor, I'll front the cost of a good IMO for them and file it as a 995 supplemental for an increased rating while I'm waiting for the hearing. Since VA can't find their own derrieres with a methane detector, I doubt these chuckleheads will catch on to my back door attack. By the time a hearing request call arrives, I can say "Thanks but we decline." You cannot legally reduce a Vet when he has a shiny new rating. That would require yet another c&p to blow a hole in the new IMO.

Since I have no formal legal training, nobody has ever told me I can or cannot do something legal. My attitude is to try it and see how VA reacts. Most times, it slides right by them until it's too late. 

Stay safe!

Edited June 6, 2020 by asknod

[Buck52]

We must remember a PROPOSAL TO REDUCE Letter is not a denial.

You need to see what evidence they have for the proposed reduction!??

Then you can file for the Hearing at your R.O. AND rebut their evidence with your  NEW evidence , unfortunately you must get new evidence for the rebuttal IMO (Independent Medical Opinion) prefer a specialist  in the condition your calming.

AS LONG AS YOU KEEP YOUR TIMELINE WITHIN THEIR RULES. YOU WILL BE OK. 

They should have instructions to send you   on the Hearing and the time limit to file it..they will approve you for the hearing and send instructions as what you will need to do and the date &time the hearing will be

just always be nice and courteous and honest  you will do ok.

I know they been sending 100% P&T  veterans to a new C&P EXAM that are getting close to the 20 year rule.And the veteran is over age 55

  These exams are senseless and cost tax payers unnecessary $$$ A Vet that has been service connected for a condition with P&T Status for over 15/16 years and that condition is not suppose to improve in his life time   he can have the C&P Exam canceled

Read late member Carlie Cash post on that.

she recieve a letter for a C&P AROUND 13/14 CONCURRENT YEARS AT 100% SHE WAS P&T AND OVER AGE 55  HER S.C. CONDITION DID NOT SHOW IMPROVEMENT AND WAS NOT EXPECTED TO IMPROVE IN HER LIFE TIME.AND WAS CHRONIC 

SHE WROTE EMAIL TO THE  VA SECRETARY  and her Congressman  they cancelled her C&P Exam

Sending veterans AGE 55 OR OVER that have HAD there s.c. condition for all these years  and then the VA Decides to send this Veteran to a C&P EXAM IS JUST PLAIN MEAN FOR THE VA TO DO THAT  AND PLAY GOD .

SO IF YOU HAVE HAD YOUR S.C. CONDITION A LONG LONG TIME SAY OVER 15 YEARS YOUR OVER AGE 55 AND YOU GET CALLED UP FOR A C&P EXAM  TO SEE IF YOUR  S.C. CONDITION HAS IMPROVED ?THAT WAS RATED 100% AND NOT EXPECTED TO IMPROVE IN YOUR LIFE TIME AND ITS CHRONIC IN NATURE .NO FUTURE EXAMS SCHEDULED.

  FIGHT THEM ON THIS AND DO WHAT CARLIE CASH DID. 

HER EMAIL TO THE VA SECRETARY IS IN THE HADIT ARCHIVES UNDER HER NAME