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

[Marine Corp 69/70]

Tell me if I am wrong but I see the VA gave you 30% for residual do to prostate cancer 10% for tinnitus 0% for surgical scar and smc k which is around 112 dollars which comes to 40% plus 112 dollars a month. Also you said you have numbness and tingling in your feet it could be Peripheral Neuropathy if you had Chemotherapy for your prostate cancer.I would talk to a good lawyer if I was you.

[VietNamVet1969]

 

16 hours ago, Marine Corp 69/70 said:

Tell me if I am wrong but I see the VA gave you 30% for residual do to prostate cancer 10% for tinnitus 0% for surgical scar and smc k which is around 112 dollars which comes to 40% plus 112 dollars a month. Also you said you have numbness and tingling in your feet it could be Peripheral Neuropathy if you had Chemotherapy for your prostate cancer.I would talk to a good lawyer if I was you.

Yes that's how I read it too

No Peripheral Nueropathy. This is strictly pain and burning without any tie to Diabetes, because I have only been once, years ago, diagnosed as pre-diabetic and have since changed my diet to include no sugar as much as is possible with today's foods.

Edited December 20, 2020 by VietNamVet1969

[VietNamVet1969]

6 minutes ago, VietNamVet1969 said:

Although I believe the monthly 10% rate is being adjusted to $144 monthly as of January 2021

No chemo, no Radiaton just radical surgery

Edited December 20, 2020 by VietNamVet1969

[Marine Corp 69/70]

I would go to the VA and get tested for Peripheral Neuropayhy you don’t need to have Diabetes, even if you just had surgery they could have cut or damaged your nerves going down to your feet. Check it out remember the VA want you to quite or die.

[jbasser]

No one and I mean no one should relax until you see the words, Static, Permanent and Total.  

This may be a good show topic to be explained in detail.

 

 

[VietNamVet1969]

8 hours ago, Marine Corp 69/70 said:

I would go to the VA and get tested for Peripheral Neuropayhy you don’t need to have Diabetes, even if you just had surgery they could have cut or damaged your nerves going down to your feet. Check it out remember the VA want you to quite or die.

Thanks MarineCorp 69/70, but this has been with me since early 68 when I entered basic training