Avoiding VA Contact

[glashutte]

I have a % that I am very happy with but would like to avoid any communication with VA that will 'trigger' any digging into my file. As you can see, I have trust issues with VA. 

 

I want to call in to request decision letters for each disability (and to also see if VA has requested C&P exam for anything).  *Does this awake the sleeping giant to dig into my file?

I avoid benefits such as free toll-road fees for disabled vets in Texas. Is this sensible or too paranoid?

I have Tricare for my family (Reservist) but am paying out of pocket (cash/not using insurance) for my vasectomy. Because I don't want them linking me getting a vasectomy to the mental health rating.

 

Is this all sensible or am I being too paranoid?

[brokensoldier244th]

Roadside assistance/toll fees are state. Nothing to do with us. Requesting decision letters goes through public contact, nothing to do with claims. We're don't access medical records unless it's part of a claim, it's a violation of privacy laws. We have to have release from you to log into VHA, And it's tracked. 

Edited August 12, 2022 by brokensoldier244th

[ShrekTheTank]

I have been fighting the VA for less than some on here, but maybe longer than some.  I have never had the VA look and question a rating they have given me.

I do not give them a reason too.  When I go to the VA and they ask How are you doing?  I say Ok and that is it.  If I am going for a specific reason, I let them know how bad it is.  I also let them know there has been no improvement to my conditions and they are progressing as there is nothing I can do about it.

I am honest about it, but I never indulge in conversation.  I give the facts and that is it.

As for fighting the VA I just put in to get all of my C&P exams and they are in the gathering phase.  I want to see what was put in there and see if I need to fight anything about them.  IMO I would request them.

Here is the problem with avoiding the VA.  If they don't hear anything, they can take this as you might be getting better.  This is just my opinion.  

I would never lie to the VA, but I make sure I watch what I say.  I think there is a good level of cautiousness to keep, but I have not been targeted by the VA to reduce anything.  

I don't think using a toll road would ever do anyting.  I am not sure why they would think that surgery would be linked to MH, but just not wanting to have kids.  

I have seen a few reductions attempts on here, but I have not recently read of anyone loosing a rating.  Now if there was an improvement and they reduced the rating, then IMO they should reduce it as your injury is not as bad.

just my 2cents  

[GBArmy]

Just go (or make an appointment) at the RO to see your file and ask for copies. Have the specific dates of the C&P exams, tetc that you want. It's not going to "trigger" any kind of repercussions. Or, if you want to see everything, request your whole C-file. It will take 6-8 months or more, but it will give you mostly everything that has happened to you. If for some reason, something is missing from the c-file, you can request again.

[Foxhound6]

I recently had my knee rating reduced. HOWEVER, I believe it had more to do with the changing of how the VA rates the knee now versus when I had my higher rating. In which case, the new rating would reflect the new rating standard as well. Additionally, while they dropped my knee from 50% to 10%, my back went from 20 to 40 and I was granted my right sciatic (already had left). So it worked out to be the same % I was at before. They did propose reduction of my left sciatic as well in the proposal for the knee but that was continued. So while I'm cautious as well, I don't see where they may have "screwed" me over per se. And if they did, my attorney will earn more of his keep. 

Edited August 12, 2022 by Foxhound6

[glashutte]

57 minutes ago, brokensoldier244th said:

Roadside assistance/toll fees are state. Nothing to do with us. Requesting deviation letters goes through public contact, nothing to do with claims. We're don't access medical records unless it's part of a claim, it's a violation of privacy laws. We're Heber to have release from you to log into VHA, And it's tracked. 

I thought I replied but guess it didn’t go thru.

What about disability thru private insurance? I had a bad injury recently (broken parts) and was out of work but did not claim it in fear of any cross communication between insurance company (Mass Mutual) and VA. Then VA would think I’m double dipping or something ridiculous 

[Vync]

Keep in mind the VA might want to refer your request for decision letters in the same fashion as a c-file requests. No telling how many months later before it shows up in the mail. 

I have had the VA do a re-examination review a couple of times. The decision letters usually state something like "you will be re-examined in X months because your condition is expected to improve". For asthma increases it definitely can happen depending on how the increase is based. For example, to go from 30% to 60% one criteria is to be on injected/ingested steroids. For me, they came back a year later, did an exam, and then sent me a proposal to reduce. I sent in a rebuttal with non-VA medical evidence to justify a continued rating, but they ignored and reduced me anyway. I got it reversed via appeal and the DRO said the VA made another stupid obvious mistake. The other time was after my heart attack. I got a single 100% for three months (required by the regs) and then they reduced it to 60% based on re-exam.

Otherwise, I have sent in numerous claims for new issue or increases over the years without concern.

Please note that I am not saying the VA would never reduce you, but have heard cases where it happens. Every year or two you might hear about the VA trying to sever service-connected compensation in error because the veteran was flagged as being deceased. In other cases, some vets might have situations where they unfortunately have something like prostate cancer. I believe there are special ratings for that. I would assume when the prostate gets removed, they would re-rate based on residuals.

Also, don't forget about the 5/10/20 year rating protections. After 5 years the rating is typically deemed to be stabilized and won't reduce unless there is consistent improvement. After 10 years, service connection status for the disability cannot be removed. After 20 years, they cannot reduce the rating. However, if fraud is found, it's all out the window. On top of this there are a whole host of other criteria where they are not supposed to try to do C&P exams. Things like being 55 or older, permanent and total, TDIU, etc...