Lowering My Disability Rating

[J A]

I recently received a re-exam for my anxiety disorder that I have a 70% rating for. They sent me a packet explaining they want to lower the rating to 30% because of "improvements made". When i told my treating physician about this, he disagreed that any improvements have been made and agrees to write a statement for me to send in as evidence. I'm just curious how much ground his statement can hold against their examiners and if it is likely that they will reduce my rating or leave it as is. Has anyone else submitted doctors statements and had the VA rule in their favor? Is it common?

[Berta]

Can you scan and attach their decision  and the evidence they used, to reduce you here?

Please cover your C file # and name prior to scanning it.

Is your doctor a VA doctor? It is hard to know why they reduced and also if they will accept the doctor's statement.

We need more info.

The VA tried to reduce my husband ( 30% SC PTSD) to 10% - 1988-long ago. I read over their absolutely ridiculous rationale, and I wrote a NOD for him, citing Their own regulations they used for the reduction and why it was BS. The VA withdrew their proposal to reduce. 

Ironically he went up to 100% P & T SC for PTSD 3 years later. (1991)

(That was a posthumous decision because he died with 2 claims pending- one for higher PTSD rating which I continued after his death)

[seminoles]

Hate to say it but some ROs are shady as heck, I was sent a proposal to reduce after my neuro was ONE of my providers who sent in paperwork for my aid and attendance, I had over 13 years of history of my migraines being so bad.  History of them being not helped with medications,  the list goes on AND I had held my 50% rating for my migraines for over 10 years.  They still tried to reduce me.  I was IU PT at the time, by the time I was done with them I was 100% PT with my SMCs.  I did not pas go, I did not appeal,  I did not ask for a DRO hearing, because they were breaking their own rules.  I sent and email to every single person within the VA who was as high up as I could think of and also had my mental health exams thrown out (they lasted less than 30 minutes and the woman even wrote in her notes how "wealthy" we were because I received more child support than she did?, um yeah because she is a doctor and I am a disabled veteran pretty sure her ex makes far less than my ex who is a warrant officer with 30 years of service.  None of that is necessary in my psych c and p except to check the box whether I can handle my own finances or not.  I also had added conditions that I had never claimed before after I saw that they were going to send me for CP exams for every single thing I was rated for, including the scar and my TMJ which had nothing to do with my aid and attendance.  One of which is now rated at 60% but the examiner said I had "waited to long to claim it", the lovely woman who answered my email and then called me after sending only evidence from my neuro, the filled out forms, the proposal to reduce as well as my in treatment service records for the claimed condtion they were denying me for let me know I would hear from my RO within a week.  I not only had my 50% restored immediately but also the other condition and my SMCs.  Don't let them push you around and don't be afraid to go around their stupid system.  I would be homeless and without being able to pay someone to care for me when my husband and son cannot because well, if we wait for them to include the rest of us in the caregiver program we mine as well pound sand.  There last best guess was this fall, you know computer problems, well............everyone in IT must be home because of Covid so it should be fixed.  Yet, here we are and I am not convinced they will delay and deny Vietnam era veterans and earlier yet again.  Waiting for more to die so they don't have to pay their caregivers.  No one is out protesting and demanding justice for them or us though.  Shameful.  In the meantime, we pay almost half of my VA comp and pension for someone to either care for me or our children because I cannot be left alone with them and I'll be damned if I ever open another claim.  Odd how someone can apply for caregiver benefits and their claims aren't touched but we apply for a measly 400+ dollars more a month and our world can come crashing down on us and we can lose our famiily's healthy care, our propety tax exemption, our chilren's college money (chapter 35) I had 3 children in college at the time and yet they have zero risk.  Seems like a pretty messed up system in my eyes but hey what in the hell do I know.  I am just a disabled veteran who had no idea that I could even use the VA for over a decade, lived in hell for so many years and survived despite what the Navy and no one else bothered to tell me.  No one gave me a TAPS class, I find most VSOs dont' know a dang thing and you are your best advocate.  Don't let the VA push you around, yes if you get close to that 30 day mark most definitely file those papers but I strongly advise you if you have hit those protected years of holding a rating, don't let them screw with you, start writing emails.  Very precise with evidence and well written. 

 

Best of luck!!
 

[Buck52]

Be careful with your physician because you need to recheck your medical notes  in MYHEALTHEVET

About the only way they can know about any medical improvements you have are what your MH Dr & Your Therapist or social worker  puts in their notes.

They are copied into them after 3 days  and your R.O. MAY HAVE GOT THESE NOTES.

so you need to check these notes 3 days after your appointment with these Docs.

IF YOUR Dr writes that your condition anxiety has not improved  then they may cancel the proposal to reduce.

[brokensoldier244th]

On 7/23/2020 at 10:08 AM, Buck52 said:

Be careful with your physician because you need to recheck your medical notes  in MYHEALTHEVET

About the only way they can know about any medical improvements you have are what your MH Dr & Your Therapist or social worker  puts in their notes.

They are copied into them after 3 days  and your R.O. MAY HAVE GOT THESE NOTES.

so you need to check these notes 3 days after your appointment with these Docs.

IF YOUR Dr writes that your condition anxiety has not improved  then they may cancel the proposal to reduce.

The RO WOULD have gotten these notes because it is a legal requirement that we query the database for VHA for clinical notes for a claim action and add those notes to the veteran's file. 

[broncovet]

Ok, this sounds like a "proposed reduction" not a decision.  

If this is the case, dont "file a nod", but instead, dispute the proposed reduction, and cite evidence that you have not "actually improved under ordinary conditions of life."

Read the reduction rules, and mention that you dont meet the criteria for reduction, cite evidence and why.

https://www.law.cornell.edu/cfr/text/38/3.344

You can request a hearing on the matter if you so desire.  (I dont do hearings because I dont hear well!)

Edited July 28, 2020 by broncovet (see edit history)

[GBArmy]

I agree with broncovet 100%. Be sure to dispute the proposed reduction and submit ASAP. In addition to what Bronc said, you could build up your position by obtaining more evidence of your current condition, which includes current supporting "buddy letters" from your family/friends. If you can get a favorable  (to you) statement that your condition has not improved from your doc based on recent or a new session, do it.  You can beat this proposed reduction.