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 2/4/2023 at 2:06 AM, Mr cue said:

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

Well said.

Edited February 6, 2023 by Jake206th

[john999]

I have been P&T for 20 years.  The VA never tried to reduce me in those years.  I am not saying it does not happen because they did try back in the 1980's to sever my service-connection.  They failed because I had been SC for ten years at the time.  In the last 20 years I have filed a number of claims for increases due to Agent Orange.  I have had to appeal my ratings, but not being reduced.  Nobody is against anyone on the forum.  None of us love the VA.  I was screwed out of thousands due to VA incompetence.  The VA is like a big train that gets going and doesn't stop on a dime.  It is an institution and protects itself.  It should protect us but not always unless you protect yourself.

[Mr cue]

Here is my story on reduction I am 25 years tdiu.

I wait to apply for smc benefits because they were never inferred.

Well got a copy of my file an there are 3 proposals to try an reduce my rating each time it was written 25 year protected. Over a two year appeal time period 

I would have Never seen it if I didn't get my record from the cavc.

I had no improvement that would have justified it.

I am s veteran that believe in been proactive.

If I didn't apply for an increase in all my disabled and only apply for smc benefits 

I am not going to allow the VA to open all my disabilities up for exam .

Just my opinion

Disclaimer I am not a veteran agent an am not acting as one