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]

52 minutes ago, allansc2005 said:

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.

Exactly. And so you use your own personal experience to form your beliefs about how the VA does reexaminations and reductions and apply it "generally" ?

 

Merriam Webster

Opinion:

1. a view, judgment, or appraisal formed in the mind about a particular matter

2. belief stronger than impression and less strong than positive knowledge

3. a formal expression of judgment or advice by an expert

 

Belief

2. something that is accepted, considered to be true, or held as an opinion : something believed

3. conviction of the truth of some statement or the reality of some being or phenomenon especially when based on examination of evidence

 

I get that correlation doesn't prove causation, and that you can believe what you want about whatever. But when a factual audit by the OIG who are experts in this area potentially contradicts your "general" beliefs about how the VA does things, wouldn't a reasonable person think it might be worth re considering that belief ?

 

52 minutes ago, allansc2005 said:

That's what this Forum is about.

So you are the definer of what this forum is about ?

I am actually trying to help by reasoning. But maybe I am in the wrong place for that.

 

 

I am not a lawyer, and nothing I write is legal advice, it is just how things appear to me based on my limited comprehension and understanding and therefore may not be accurate.

Edited February 4, 2023 by Jake206th
add disclaimer because signature isn't visable to people not logged in

[allansc2005]

I've been in this forum long enough to know what it's about; I have quite a bit of comprehension and understanding, but I don't claim to be perfect.

 

I could play tit-for-tat with you, but I'm above that and obviously you have a chip on your shoulder, so I will close my end of it with this: I wish you well in your future endeavors.

 

So having said that,

"Life is like a bowl of cherries, sometimes with the pits and mostly without"

 

Allan 2-2-0 HOOAH!

 

 

[Jake206th]

On 2/4/2023 at 1:43 AM, allansc2005 said:

I could play tit-for-tat with you

It appears that is what you have been doing with me in this thread already. But the chip is on my shoulder?

I was just calling you out on it. Typical forum games.

Good luck to you as well.

 

 

 

 

I am not a lawyer, and nothing I write is legal advice, it is just how things appear to me based on my limited comprehension and understanding and therefore may not be accurate.

Edited February 6, 2023 by Jake206th

[Mr cue]

Have been on hadit 20 years we debated the laws and gave our experience with the VA.

It help many veterans understand the in and out of the VA system.

Now it seem to be a problem if you post your experience or how you handled it interpreted VA law.

Law can be interpreted many ways that why they have a SCOTUS.

It seem some our getting in the business of try to turn the site it only there opinions and interpretation of the law.

Like I have stated many times this site is used for information. Nothing else.

An has been for 20 years and there are post from 20 years ago that have laws an info from ppl who fought the VA an won.

Now it seem that info isn't important for veterans. 

[Jake206th]

On 2/4/2023 at 1:43 AM, allansc2005 said:

I've been in this forum long enough to know what it's about

 

So that is why you have been going back and forth with me in this thread.

I get it, you have been here a long time and I need to bow to you.

And discussing reasoning is the problem, and since I am discussing reasoning, I am the problem.

Hey, I think we may have reached an understanding on this subject.

Edited February 6, 2023 by Jake206th

[Mr cue]

Last thing for the issue of if the VA can will try and reduce your rating.

I think we all understand this is based on feeling of what the VA can and can't do.

I don't think any of us would be on hadit look for info if the VA follow the law on ever case .

So I really up to the veteran who is doing his or her appeal or claim how they handle it.

I will be the the first to say it rub me the wrong way when any veteran post there issue and is told believe in the VA.

The name of the site was veterans who hadit with the VA.

Now I am starting to see veterans told they can't vent about the VA these days.

Ok let me get off this post I been getting banned for my opinions and post these Days .