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. 

[pacmanx1]

Disabilities are rated on symptoms and at the current moment the symptoms are most likely increased. As stated it would be up to a medical doctor to give his or her medical opinion and rationale.   

Edited December 30, 2020 by pacmanx1

[brokensoldier244th]

But those symptoms are not a result of the bladder itself. That's a big stretch. 

[pacmanx1]

You are correct but we do not know how the veteran overactive bladder was service- connected. No, the veteran could not get an increase due to pregnancy but if the veteran were service connected by some type of injury or illness it could be part of their condition. Example: The veteran is service-connected due to some type of back injury, or maybe IBS or maybe a nerve condition. The medical examiner does not have to say that the veteran has increase in frequent bathroom use or increase in using pads/depends, but the veteran has increase bathroom use or increase pads/depends due to the veteran service-connected bladder condition. 

[broncovet]

My guess is this letter is a "proposed reduction".  I simply suggest you respond to the proposed reduction with a concise letter, written on a 21-4138, as to why you should not be reduced.  

Certainly you can explain that C and P examiner told you that he can not continue with the exam while pregnant.  

I simply suggest you ask them to refer you to an examiner who will complete the exam while pregnant, OR simply delay the C and P exam until after you deliver.  

As someone said, you can also ask for a hearing to tell your viewpoint, which should delay this reduction.  

If you complete the letter I mentioned, and give good reasons, mail it certtified mail return receipt requested to the Janesville center, you should have no further problems, IMHO.  You may need to attend a hearing.  Given that what you posted is factual, you are highly unlikely to be reduced based solely on the c and p examiner refusing because of pregnancy.  I think you will be fine, unless your conditions have had actual improvement.