tbi

[guily54]

I had 40% of tbi and they reduced it to 10%, I called for an explanation since they did not send me the reason and they said there was an error and they took away the 30% of the vertigo because it had to be together with the tbi, in others Words took 60% from me, I made an appointment to talk about it and they did not give me explanations, I only got a negative attitude as is happening to many of the veterans who have 100% and when they arrive at the door they ask the% they have and to the say 100% they dump them and do not attend them and my 40% of tbi was presedent.

[pwrslm]

Have you spoken with a VSO yet? Not sure what you situation or conditions are, understand you have 10% for TBI, down from 40%, but am not sure how that occurred. Did you get notice of a reduction, and if so, what did you do?

[broncovet]

I agree with the above.  Given you have tbi, you need help with your claims.  

Chances are 90 percent, that VA did NOT comply with the regulations and it will be reversed.  But, only if you appeal.  Here are the regulations VA has to follow:

(The top 2 paragraphs only apply if you have been rated more than 5 years, or if you are P and T. )

Pay attention to the BOLD parts especially.  

 

Quote

 

3.344 Stabilization of disability evaluations.

(a) Examination reports indicating improvement. Rating agencies will handle cases affected by change of medical findings or diagnosis, so as to produce the greatest degree of stability of disability evaluations consistent with the laws and Department of Veterans Affairs regulations governing disability compensation and pension. It is essential that the entire record of examinations and the medical-industrial history be reviewed to ascertain whether the recent examination is full and complete, including all special examinations indicated as a result of general examination and the entire case history. This applies to treatment of intercurrent diseases and exacerbations, including hospital reports, bedside examinations, examinations by designated physicians, and examinations in the absence of, or without taking full advantage of, laboratory facilities and the cooperation of specialists in related lines. Examinations less full and complete than those on which payments were authorized or continued will not be used as a basis of reduction. Ratings on account of diseases subject to temporary or episodic improvement, e.g., manic depressive or other psychotic reaction, epilepsy, psychoneurotic reaction, arteriosclerotic heart disease, bronchial asthma, gastric or duodenal ulcer, many skin diseases, etc., will not be reduced on any one examination, except in those instances where all the evidence of record clearly warrants the conclusion that sustained improvement has been demonstrated. Ratings on account of diseases which become comparatively symptom free (findings absent) after prolonged rest, e.g. residuals of phlebitis, arteriosclerotic heart disease, etc., will not be reduced on examinations reflecting the results of bed rest. Moreover, though material improvement in the physical or mental condition is clearly reflected the rating agency will consider whether the evidence makes it reasonably certain that the improvement will be maintained under the ordinary conditions of life. When syphilis of the central nervous system or alcoholic deterioration is diagnosed following a long prior history of psychosis, psychoneurosis, epilepsy, or the like, it is rarely possible to exclude persistence, in masked form, of the preceding innocently acquired manifestations. Rating boards encountering a change of diagnosis will exercise caution in the determination as to whether a change in diagnosis represents no more than a progression of an earlier diagnosis, an error in prior diagnosis or possibly a disease entity independent of the service-connected disability. When the new diagnosis reflects mental deficiency or personality disorder only, the possibility of only temporary remission of a super-imposed psychiatric disease will be borne in mind.

(b) Doubtful cases. If doubt remains, after according due consideration to all the evidence developed by the several items discussed in paragraph (a) of this section, the rating agency will continue the rating in effect, citing the former diagnosis with the new diagnosis in parentheses, and following the appropriate code there will be added the reference “Rating continued pending reexamination ___ months from this date, § 3.344.” The rating agency will determine on the basis of the facts in each individual case whether 18, 24 or 30 months will be allowed to elapse before the reexamination will be made.

(c) Disabilities which are likely to improve. The provisions of paragraphs (a) and (b) of this section apply to ratings which have continued for long periods at the same level (5 years or more). They do not apply to disabilities which have not become stabilized and are likely to improve. Reexaminations disclosing improvement, physical or mental, in these disabilities will warrant reduction in rating.

 

End of regulation quote.  Have you gone back to work?  If you have, the VA can make a case you improved "under ordinary conditions of life.  However, if you have NOT gone back to work, then its not "ordinary conditions of life".

I counted at least 3 times "will not be reduced" above.  

 

 

Edited December 5, 2021 by broncovet

[guily54]

On 12/4/2021 at 11:13 PM, guily54 said:

I had 40% of tbi and they reduced it to 10%, I called for an explanation since they did not send me the reason and they said there was an error and they took away the 30% of the vertigo because it had to be together with the tbi, in others Words took 60% from me, I made an appointment to talk about it and they did not give me explanations, I only got a negative attitude as is happening to many of the veterans who have 100% and when they arrive at the door they ask the% they have and to the say 100% they dump them and do not attend them and my 40% of tbi was presedent.

 

[asdf]

The letter states it will not change your VA benefits and your numbers don't match with what is in the letter.  We need more information to assist.

[scottinmt]

perhaps a 30% rating for vertigo and a 10% rating for TBI?  that would work out to retaining the 40% rating you were getting for TBI.  It sounds like the VA thought the vertigo should be a separate rating as a secondary to the TBI

[pacmanx1]

Guily54, your post was a little kind of hard to follow. If you don't mind, can you post a copy of your decision? Make sure you redact/remove all personal information like name, SSN, address, claim number and phone number.