Proposed Reduction from 100% to 40%

[VietNamVet1969]

What is advisable to do following the receipt of this letter of proposed reduction in disability rates?

 

After 3 1/2 years and just visiting an outside, C&P doctor, (QTC Medical), I received a letter from the VA to reduce my 100% temporary disability. 3 1/2 years ago I underwent a radical prostatectomy, (surgery removing all they could find of prostate cancer).  A week after visiting this outside doctor that the VA ordered, came this reduction letter. When I read the conditions under which the VA can reduce a disability it reads as follows:

1. The VA must determine whether there has been an actual change in the disability since the last rating decision.

Prior to surgery my PSA reading reached a high of 5.6 and for the last 3 1/2 years there has been only the very slightest of changes varying from  >0.10 and <0.10 and nothing more or less than these numbers and symbols on myhealthevet.

2. The VA must determine whether there has been an actual change in the disability since the last rating decision

Again, only the slightest changes, as above, have occurred since my surgery

3. The VA must outline the time period during which the condition is said to have materially improved

I cannot find in their letter any specific range of time for improvement. Directly below is their letter in full without actual dollar amounts:

We have enclosed a copy of our rating decision for your review. It provides a detailed explanation about our proposal, the reason for it, and the evidence considered.

We have reviewed medical records concerning your service-connected conditions and noted some improvement in your Malignant growth of genitourinary system. Based on this evidence,we are preparing to reduce your prior evaluation of its overall disabling effect. The combined evaluation for all of your service-connected disabilities will drop from 100% to 50%. This proposed action does not affect your entitlement to treatment for service-connected conditions. We propose to reduce your monthly rate of compensation from $$$$ to $$.

We have reviewed medical records concerning your service-connected disabilities and noted some improvement. We propose to reduce our evaluations of the disabling effects for conditions as follows

        Malignant growth of genitourinary system    100%    40%

Please keep in mind I have a 5" scar, which was re-measured at this outside C&P exam, ED and incontinence at 5-6 Depends daily and the same number of bathroom visits nightly.

What's my next step? If I've missed anything just ask please

 

Edited December 18, 2020 by VietNamVet1969

[GBArmy]

If everything is as you say regarding the wording from your VA staff (Doctor, or?), and it is in your file with the other recent evidence, it would appear you have a good chance. I assume to are rated 100% TDIU; if so, then if your over 55 years old, and you can't work due to your disabilities, then if the C&P examiner says that your rating will continue at 100%, I would suggest that you ask him/her if you could now be considered for P&T. You have nothing to lose since you just got a confirmation your rating would continue IMHO.

[sixthscents]

Further, the rating for the genitourinary system - renal dysfunction in your case would seem to call for a 60% rating. When they decided to rate you 100% it didn't really matter but if they are going to drop the one rating to 40% then it does now. 38 CFR .115a. They would either have to combine the two or at the least rate the higher of the two. I would argue that since the renal dysfunction has NOT changed that the rater must either consider it to maintain the 100% or address it seperatly if they are droppng the 100%. I have little experience with the situation but that is something I would certainly note in any NOD. Just my thought here.

[VietNamVet1969]

51 minutes ago, GBArmy said:

If everything is as you say regarding the wording from your VA staff (Doctor, or?), and it is in your file with the other recent evidence, it would appear you have a good chance. I assume to are rated 100% TDIU; if so, then if your over 55 years old, and you can't work due to your disabilities, then if the C&P examiner says that your rating will continue at 100%, I would suggest that you ask him/her if you could now be considered for P&T. You have nothing to lose since you just got a confirmation your rating would continue IMHO.

Yes I think we are in agreement on everything stated. I am a retired Federal employee, over 70, the staff is a nurse practitioner, and it was sent by a veterans service officer locally. And I will follow your direction at the final determination to be considered for P&T, permanent and total, thank you sir