Bva direct review with hardship

[FlyboyLeRoy]

Long story short, had 70%, filed for increase per my specialist/doctor dbq and nexus. Then, after receiving decision, I was rated 100% (meniers) for a month and then after their c&p results from a PA, I was taken back down to 80%. Obviously making no sense and going against a doctors literature over a PA from the cp exam. Bva higher level review filed in January and hardship claim approved a few months after. Approx 2 months ago I was told the appealette briefing was conducted. Any update, experience, or stories with bva and hardship claims? Thanks.

[Vync]

Was all of this based on a single filing or were you increased first to 100% and the VA came back later to propose reduction.

It might be worth checking the rating criteria for Meniere's to see if there are any special instructions. It could be a situation similar to what happened to me after having a heart attack in 2019. I filed a claim shortly after and it took over a year to be granted on appeal. They granted a single 100% for the heart attack and according to special instructions in the rating criteria, the single 100% was continued for three months and then re-evaluated afterwards. During those three months, I was unable to work and they granted me SMC-S housebound. After the three months, a heart study was done and they used those records to drop the heart rating to 60%. Please note that I am not too familiar with Meniere's or it's rating criteria. 

Definitely look closely at the DBQ/C&P findings and compare that to the rating criteria to see if they match up. I can't tell you how many times I have had to go back and tell the VA they "overlooked" something.

Because you mention hardship, are you currently unable to work? If unemployed due to your SC disabilities, you could still try the IU/TDIU path... With IU, you would get paid like you were 100%. With TDIU, you would get that plus the chapter 35 education and CHAMPVA for your dependents, too... (EDIT: disregard this part, I thought TDIU had those benefits too...)

Consider scanning the decision, redacting sensitive info, and posting it. Others here might be able to help further.

Edited September 6, 2022 by Vync

[pacmanx1]

1 hour ago, FlyboyLeRoy said:

Bva higher level review filed in January and hardship claim approved a few months after.

My apologies but a BVA and a Higher-level review are two different types of appeals, BVA goes to the Board of Veterans Appeal, and the Higher-level review stays at the local VARO so not really sure where your appeal was decided. I know semantics but it would help better to understand your situation. 

16 minutes ago, Vync said:

With TDIU, you would get that plus the chapter 35 education and CHAMPVA for your dependents, too...

My apologies but CH 35 EDU and CHAMPVA comes with the P & T status and not TDIU unless something has change. I do agree that if you are not working or if you cannot work due to your service- connected disabilities then you should file for TDIU.

[FlyboyLeRoy]

8 minutes ago, pacmanx1 said:

My apologies but a BVA and a Higher-level review are two different types of appeals, BVA goes to the Board of Veterans Appeal, and the Higher-level review stays at the local VARO so not really sure where your appeal was decided. I know semantics but it would help better to understand your situation. 

My apologies but CH 35 EDU and CHAMPVA comes with the P & T status and not TDIU unless something has change. I do agree that if you are not working or if you cannot work due to your service- connected disabilities then you should file for TDIU.

It’s a bva direct review. Sorry. With a bva judge 

[FlyboyLeRoy]

34 minutes ago, Vync said:

Was all of this based on a single filing or were you increased first to 100% and the VA came back later to propose reduction.

It might be worth checking the rating criteria for Meniere's to see if there are any special instructions. It could be a situation similar to what happened to me after having a heart attack in 2019. I filed a claim shortly after and it took over a year to be granted on appeal. They granted a single 100% for the heart attack and according to special instructions in the rating criteria, the single 100% was continued for three months and then re-evaluated afterwards. During those three months, I was unable to work and they granted me SMC-S housebound. After the three months, a heart study was done and they used those records to drop the heart rating to 60%. Please note that I am not too familiar with Meniere's or it's rating criteria. 

Definitely look closely at the DBQ/C&P findings and compare that to the rating criteria to see if they match up. I can't tell you how many times I have had to go back and tell the VA they "overlooked" something.

Because you mention hardship, are you currently unable to work? If unemployed due to your SC disabilities, you could still try the IU/TDIU path... With IU, you would get paid like you were 100%. With TDIU, you would get that plus the chapter 35 education and CHAMPVA for your dependents, too...

Consider scanning the decision, redacting sensitive info, and posting it. Others here might be able to help further.

All based of a single filing. I was granted 100% because it met the criteria by law and they granted up from day filed to day after c&p exam. I know it’s 100% as they do too, since it was granted, but they undid it after the exam 

[pacmanx1]

You are going to have to file an appeal to the CAVC, your decision should state something like you have 120 days. You can get an attorney under the EAJA (EQUAL ACCESS TO JUSTICE ACT) free of charge to veterans.

[Vync]

3 hours ago, pacmanx1 said:

My apologies but CH 35 EDU and CHAMPVA comes with the P & T status and not TDIU unless something has change. I do agree that if you are not working or if you cannot work due to your service- connected disabilities then you should file for TDIU.

Yikes, thank you for correcting me! I am P&T for 10+ years so I don't know about the benefits that come with TDIU...