VA Proposed Reduction

[joliek]

I apologize for the length.
After I had my C&P exam for TDIU, the VA proposed to reduce my back rating for lumbar DDD from 20% to 10%. Of course, they also denied TDIU.

I filed an appeal and received an increase on my mental health rating before a decision was made about reducing my back.

I responded to the VA and told them why I didn't believe a reduction was necessary to include the fact that all of my service connected disabilities are static, they didn't outline the time period in which my back was to have materially improved, etc. I was waiting for them to reply and answer these things for me.

Instead I get a notification about an exam. I called "Peggy" and she said QTC has my file but it says "Patient Need Not Report" and they might call me if they had any questions.

QTC contacted me for an exam and I told them I believed this was wrong and told rep what VA said. She said she would make a note that it's supposed to be an IMO not in-person exam.

Thought I had this cleared up but they called for appointment again. I told them that with my new mental health rating I didn't believe reducing my back to 10% would affect my overall rating.

I also wrote the VA a letter stating this but they won't reply to me. If I am wrong, why not just show me how my math is incorrect?

Well I contacted OIG over this last week  because the VA refuses to speak with me and clear things up and I see that they reduced my back to 10% starting Feb of 2021 giving me an overall rating of 70% down from 80%.

Perhaps I miscalculated with secondary and bilateral factors?

Here are my current ratings:

Lumbar DDD with IVDS: 10%
Persistent Depressive Disorder: 50% (Secondary)

Left Lower Radiculopathy: 10% (Secondary)
Right Lower Radiculopathy: 10% (Secondary)

Right Ankle Strain: 10% (Bilateral?)

Fracture, left distal ulna post-op: 10%

I know ratings are supposed to be done in order of severity so would depression be the first thing factored in after my back?

Thank you.

 

 

[GBArmy]

Hi Joliek, welcome to Hadit.When you have a bilaterial factor situation, you are supposed to do those first, then calculate the rest from highest to lowest. There are many disability calculators on the internet, but I don't recall any that allow the computation with the bf. So you would do the radiculopathy, 10 +10=20+2=22. Then the 50%, etc. You probably will have to just get the table from the 38CFR and do it that way. My guess, and that is just that, you wouldn't get additional bilaterial for right ankle because they gave already on the left and right SIDE.

[brokensoldier244th]

Unless your left ankle is affected you wouldn’t have bilateral on that yet

[brokensoldier244th]

https://www.google.com/amp/s/www.microhealthllc.com/veterans-central/bilateral-va-disability-rating-compensation-calculator/%3Famp

[joliek]

Thank you for your help. I was trying to find calculators with BF and you're right. They don't seem to exist, which makes it confusing for people like me to figure out.

[joliek]

Thank you brokensoldier244th.

[brokensoldier244th]

Did you go to the exam? Until you get the rating decision letter you won’t know what the rationale was. Did you Ask for a hearing? 
 

https://cck-law.com/blog/what-happens-when-va-proposes-to-reduce-my-disability-rating/