What are VA disability reduction methods?

[Jake206th]

HLR for EED was returned for duty to assist error based on; 38 CFR §4.70 Inadequate examinations.

The Higher level review return says that the c&p examiner did not specifically address the board remand directives even though the c&p examiner did specifically and explicitly address all of the noted board remand instruction directives.

 

They are questioning all of the basis that the original C&P examiner gave that the VA used to grant the increased evaluation of 100%, even though it was clearly sufficient.

They are questioning the diagnosis, the frequency, the symptom severity level, and the duration.

 

What are their options to reduce in this scenario?

Difference of opinion? Cue? Reduction process?

Can they bypass all of those option and just re adjudicate it at a lower rating because the decision was less than 1 year ago?

 

Does this mean that the favorable findings laws and cue laws don't apply and that they can just issue a new rating decision to revise my 100% rating without any CUE or reduction due process?

 

 

I am not a lawyer and nothing I write is legal advice. It is just how things appear to me based on my limited understanding. and I may be incorrect.

Edited February 3, 2023 by Jake206th

[Jake206th]

On 1/29/2023 at 2:49 AM, john999 said:

If VA opens my claims up because I make a new claim

If you made a new claim, you opened the new claim which allows them to look at your entire record. If they claim to have found an error... then...

 

“[O]nce the Board has jurisdiction over a claim, . . . it has the authority to address all issues related to that claim, even those not previously decided by the RO.” Jarrell v. Nicholson, 20 Vet.App. 326, 332 (2006) (en banc).

 

I am not a lawyer and nothing I write is legal advice. It is just how things appear to me based on my limited understanding. and I may be incorrect.

Edited February 3, 2023 by Jake206th

[allansc2005]

Same thing happened to me a few years ago, and actually it was to my advantage.

For many years the VA had been paying me for an ear condition @10%, when in fact they should have been paying me 30%.

One morning I woke up to my bank pinging me, only to discover I had a large deposit-TWICE for $12,470.00 A POP!

Come to find out the tinnitus claim I filed was reviewed at random by some big wig in the VA Claims department, and he found the error.

The good thing about it was it was Christmas Eve 2018!

 

Nice Christmas present huh?

 

Allan 2-2-0 HOOAH!

 

 

 

 

 

 

 

 

 

[Jake206th]

Redundant post.

Edited February 2, 2023 by Jake206th
already posted same info

[Jake206th]

On 1/23/2023 at 2:40 PM, allansc2005 said:

I've found the VA C&P system generally doesn't request claim reductions without a reason.

Well I guess you have "found" wrong then because this OIG audit says otherwise:

The Office of Inspector General for the Department of Veterans Affairs (VA) said the Veterans Benefits Administration spent $10.1 million on unwarranted reexaminations during the March-August 2017 review period, according to a report in the Washington Post. The 19,800 cases out of 53,500 classified as unwarranted reexaminations accounted for 37 percent of total cases, or more than one-third.

 

While the report noted that reexaminations are important for ensuring taxpayer dollars are spent appropriately, unwarranted reexaminations result in unnecessary costs for Veterans and unnecessary work for VA employees. The Office of Inspector General report found that 15,500 of those 19,800 unwarranted reexaminations – or 78 percent – did not have an appropriate pre-exam review.

https://ptsdlawyers.com/va-reductions-of-disability-benefits/

 

On 1/25/2023 at 1:48 AM, allansc2005 said:

I've never known the VA to go on "witch hunts" to reduce veteran's compensation.

 

Well if you don't know, now you know...

Costa Raises Concern with U.S. Dept. of Veterans Affairs Over Unexplained Disability Benefits Reductions on an apparent spike in disability cuts for veterans.

https://costa.house.gov/media-center/press-releases/costa-raises-concern-us-dept-veterans-affairs-over-unexplained

 

 

 

I am not a lawyer and nothing I write is legal advice. It is just how things appear to me based on my limited understanding. and I may be incorrect.

Edited February 4, 2023 by Jake206th

[Jake206th]

On 1/29/2023 at 1:41 PM, allansc2005 said:

IF the VA "opens new claims" unnecessarily, then file an IG complaint, notify your local Patient Representative's office, and let the chips fall where they may.

The OIG found during an audit that 37% of ordered reexaminations during a time period were unwarranted, and you think a Patient Representatives Office, or IG complaint is going to solve it? I see now this discussion is pointless.

 

 

I am not a lawyer and nothing I write is legal advice. It is just how things appear to me based on my limited understanding. and I may be incorrect.

Edited February 4, 2023 by Jake206th

[allansc2005]

I'm ONE person giving my own personal experiences. That's what this Forum is about.

What the IG found is the end result of THOUSANDS of cases.

If you feel this discussion is "pointless" then that's your choice.

 

I might direct your attention to your own Quote "I am not a lawyer, and nothing I write is legal advice, it is just how things appear to me..."

 

Good Luck,

Allan 2-2-0 HOOAH!