Overactive Bladder Reduction reasoning being current pregnancy

[MMM0723]

Hello, I am new to the forum and have been faced with an issue. Early December I was called to do a examination for my current condition of overactive bladder rating (40%). While at the appointment I disclosed to the examiner i was currently pregnant and no further questions were asked. The examiner stated a exam cannot be completed due to pregnancy and current rate will maintain until postpartum and new exam can be completed.

Fast forward to now I have received a letter stating my rate will be reduced to 0% due to not being able to complete an exam because I am pregnant and will be rescheduled for the future. 

How is this even possible? They did not ask any questions pertaining to the current condition and now are moving my rating to 0 because I am pregnant. 

Any advice is acceptable as I am clueless how this is even "fair". I feel as if I am being punished for being pregnant and the Bladder issue is controlling my life now more than prior to pregnancy. 

[brokensoldier244th]

They can't just move your rating. You have options to contest it. You need to send a notice disagreement like they said in the letter, and request a hearing. Even with Tele they are slow and can take months to get scheduled. The good thing about that though is that if you disagree and request a hearing adjudicative action stops until the hearing is decided. 

 

 

[ShrekTheTank]

Welcome to the Forums!  

I am sorry you are deal with this crap but this is something that does happen.  They should have rescheduled the appointment for after and had you come back in.  

A few things you can do do an IRIS complaint.  Tell them the reason you want to complain and what you were told.  IRIS Home Page (va.gov)

Next call the 800 number and talk to them about your letter.  1 (800) 698-2411

If these two things do not work there is more you can do, but this is where I would start.  

[pacmanx1]

The letter should say that you have about 60 days to request a hearing. You can get an IMO from your treating doctor about your current overactive bladder to refute their propose reduction.

 

[pacmanx1]

1 hour ago, MMM0723 said:

Early December I was called to do a examination for my current condition of overactive bladder rating (40%). While at the appointment I disclosed to the examiner i was currently pregnant and no further questions were asked.

Now that I had a minute or two to think about it. The little I know about women being pregnant, you may have to go even more and or use even more pads. This could cause you to get an increase for a temporary time (While you are pregnant) not sure how that would even work just thinking that if you had an overactive bladder before you were pregnant then you must have an overactive bladder now, but this would have to be documented by a doctor’s medical opinion.

 

[MMM0723]

After calling the VA asking about the reasoning, and speaking with a VSO. I was instructed to file a va21-4138 requesting a personal hearing explaining that they didn’t complete a proper exam and have essentially no grounds for rating reduction. Not sure how successful this way is. 

[brokensoldier244th]

Pregnant is not a disability. It's a voluntary condition.