Requested Increase, and they removed my Service Connection!

[flow1972]

Every interaction with the VA Claims people makes me want to pull my hair out.  I was granted SC for Asthma last year at 10% as worsened by service.  10% because I was on an Albuterol Inhaler as needed.

I submitted a Claim to increase the rating to 30% because I was recently put on an inhaled cortiso-steroid which would put me at 30%.  I'll be damned if they didn't even examine me for it...they requested a DBQ from a Dr I've never seen who "decided" that basically it never should have been SC'd in the first place because though it does show I had to be treated in service and prescribed an inhaler (literally states I'd never needed one in 11 years prior to service) that he doesn't really think I even "have asthma" but if I do...it wasn't "worsened beyond normal disease progression".. Wait what?  I don't really have it...but just in case..it didn't get worse by more than it would normally have.  OMG!!!!  I want to freaking scream right now!!!!  He literally wrote some lengthy diatribe of my history where he double-talks the entire way through.  Just exactly what IS "normal progression" for a disease I don't have, Mr. Asthma expert?  He literally says two different things in one statement.  Notes I've only been seen X amount of times...blah, blah, blah.  Well, let me tell ya, Mr. Expert.  The reg does not in any way state I have to be seen a specific number of times.  Considering I hadn't been seen AT ALL for 11 years for anything even resembling Asthma prior to service...then even ONCE is MORE than before.  What it states is was it "worsened"?  No visits, no meds...to visits and meds = worse.  I'm D-O-N-E with these idiots.  I'm literally going to get a lawyer to deal with them.  I am literally at 91.37% (was 92.23) with an open HLR on incorrect rating that should have also been at 30% with another open new Claim.  This is nothing more than them TRYING TO KEEP VETERAN's FROM HITTING 100%!  

 

 

 

 

Edited October 20, 2020 by flow1972

[broncovet]

Is this a PROPOSED reduction, or a final decision?  (You dont file a nod on a proposed reduction, instead you can call for a hearing or send evidence that you dont meet the critieria for reduction found in 38 CFR 3.344. as follows:

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

[USMC_VET]

11 hours ago, flow1972 said:

Every interaction with the VA Claims people makes me want to pull my hair out.  I was granted SC for Asthma last year at 10% as worsened by service.  10% because I was on an Albuterol Inhaler as needed.

I submitted a Claim to increase the rating to 30% because I was recently put on an inhaled cortiso-steroid which would put me at 30%.  I'll be damned if they didn't even examine me for it...they requested a DBQ from a Dr I've never seen who "decided" that basically it never should have been SC'd in the first place because though it does show I had to be treated in service and prescribed an inhaler (literally states I'd never needed one in 11 years prior to service) that he doesn't really think I even "have asthma" but if I do...it wasn't "worsened beyond normal disease progression".. Wait what?  I don't really have it...but just in case..it didn't get worse by more than it would normally have.  OMG!!!!  I want to freaking scream right now!!!!  He literally wrote some lengthy diatribe of my history where he double-talks the entire way through.  Just exactly what IS "normal progression" for a disease I don't have, Mr. Asthma expert?  He literally says two different things in one statement.  Notes I've only been seen X amount of times...blah, blah, blah.  Well, let me tell ya, Mr. Expert.  The reg does not in any way state I have to be seen a specific number of times.  Considering I hadn't been seen AT ALL for 11 years for anything even resembling Asthma prior to service...then even ONCE is MORE than before.  What it states is was it "worsened"?  No visits, no meds...to visits and meds = worse.  I'm D-O-N-E with these idiots.  I'm literally going to get a lawyer to deal with them.  I am literally at 91.37% (was 92.23) with an open HLR on incorrect rating that should have also been at 30% with another open new Claim.  This is nothing more than them TRYING TO KEEP VETERAN's FROM HITTING 100%!  

 

 

 

 

So i dealt with the almost same thing back in 2015.  I applied for an increase and ended up getting a letter stating that they were going to decrease my PTSD.  It was my fault since i freaked out during a C&P and jsut wanted to get out of there and said i was ok, etc etc

After i got the letter I contacted a VSO and got on HADIT.  In truth the HADIT folks helped me 100x more than the VSO did.  I learned about IMO's and got a Psychologist who went over my VA records, treatment records and history.  After this was all submitted with a NOD the VA unofficially contacted my VSO  and said they would drop my reduction if i dropped my increase. At the time i was so happy to not being decreased i did it. After i realized i wouldve been granted an increase with that IMO. 

The point of all of this is that you need to do some math.  you need to consider the cost of an IMO vs the loss of the 10% or the gain of 30% (getting you to 100%) and decide which is the best option for you.  From what i can understand i think its worthwhile to get the IMO since this not only doesnt get you an increase but possible lose your SC as well.  

Who was the doctor that saw you? was he a respiratory specialist or jsut a normal MD? this will help you decide what to do.  If he was jsut a MD then any respiratory specialist IMO shoudl do it, if he was a specialist himself you need to find someone with more credentials and experience than him.

Remember you have ONE YEAR from the date of the decision letter for file an appeal. I didnt see in your post that this was a decision or just a C&P. If you havent gotten a letter yet, it sucks, but youll just need to wait to see what the decision is and go from there, but start to look at putting the money together and finding who you need.

[flow1972]

1 hour ago, USMC_VET said:

So i dealt with the almost same thing back in 2015.  I applied for an increase and ended up getting a letter stating that they were going to decrease my PTSD.  It was my fault since i freaked out during a C&P and jsut wanted to get out of there and said i was ok, etc etc

After i got the letter I contacted a VSO and got on HADIT.  In truth the HADIT folks helped me 100x more than the VSO did.  I learned about IMO's and got a Psychologist who went over my VA records, treatment records and history.  After this was all submitted with a NOD the VA unofficially contacted my VSO  and said they would drop my reduction if i dropped my increase. At the time i was so happy to not being decreased i did it. After i realized i wouldve been granted an increase with that IMO. 

The point of all of this is that you need to do some math.  you need to consider the cost of an IMO vs the loss of the 10% or the gain of 30% (getting you to 100%) and decide which is the best option for you.  From what i can understand i think its worthwhile to get the IMO since this not only doesnt get you an increase but possible lose your SC as well.  

Who was the doctor that saw you? was he a respiratory specialist or jsut a normal MD? this will help you decide what to do.  If he was jsut a MD then any respiratory specialist IMO shoudl do it, if he was a specialist himself you need to find someone with more credentials and experience than him.

Remember you have ONE YEAR from the date of the decision letter for file an appeal. I didnt see in your post that this was a decision or just a C&P. If you havent gotten a letter yet, it sucks, but youll just need to wait to see what the decision is and go from there, but start to look at putting the money together and finding who you need.

It was a decision, and there was no C&P.  It was just a DBQ from a Doc I've never seen.  I've already reached out to a lawyer.  I don't need an IMO.  I already have multiple diagnosis of Asthma including the one they refer to in my MEPS exam.  I also have the original C&P as well as a diagnosis from my current specialist.  I will be fighting it.  The thing that is frustrating on HADIT is the continual use of "old" terminology and advice as it pertains to the "old" system.  Many of us are in the "new" system and do not have access to use CUE's or NOD's.  We have literally 3 choices..none of which include the wording "NOD" or "CUE".  

Supplemental Claim - only for new evidence to be used on appeal

Higher Level Review - no new evidence allowed

Appeal directly to the BVA

 

[deedub75]

3 hours ago, broncovet said:

Is this a PROPOSED reduction, or a final decision?  (You dont file a nod on a proposed reduction, instead you can call for a hearing or send evidence that you dont meet the critieria for reduction found in 38 CFR 3.344. as follows:

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

There won't be a proposed reduction if it's not changing the overall percentage. 

I had something like this happen to me after I hit 100%. My ankle was reduced from 20% to 10% and a scar from surgery was reduced from 10% to 0%. This was after having a follow up from a temporary 100% for surgery. It didn't reduce my overall percentage so there is no proposal to reduce. 

[deedub75]

26 minutes ago, flow1972 said:

It was a decision, and there was no C&P.  It was just a DBQ from a Doc I've never seen.  I've already reached out to a lawyer.  I don't need an IMO.  I already have multiple diagnosis of Asthma including the one they refer to in my MEPS exam.  I also have the original C&P as well as a diagnosis from my current specialist.  I will be fighting it.  The thing that is frustrating on HADIT is the continual use of "old" terminology and advice as it pertains to the "old" system.  Many of us are in the "new" system and do not have access to use CUE's or NOD's.  We have literally 3 choices..none of which include the wording "NOD" or "CUE".  

Supplemental Claim - only for new evidence to be used on appeal

Higher Level Review - no new evidence allowed

Appeal directly to the BVA

 

Appealing directly to the BVA = NOD (VA FORM 10182) It's still called a NOD.

I don't believe a CUE is an old or new system thing. I think anyone can call a CUE and the VA can call a cue on themselves.  

 

[flow1972]

4 minutes ago, deedub75 said:

Appealing directly to the BVA = NOD (VA FORM 10182) It's still called a NOD.

I don't believe a CUE is an old or new system thing. I think anyone can call a CUE and the VA can call a cue on themselves.  

 

OMG THANK YOU!