Truth is truth and facts are facts, when veterans are rated P & T, this rating is awarded/granted only when a disability is determined/rated/adjudicated to most likely to last the rest of the veterans’ lifetime. This rating is not going to go away. Now let’s add SMC, a veteran rated P & T, SMC may have to be re-evaluated to determine what level of SMC he/she should be awarded but the fear of reduction could hinder the re-evaluation if the veteran think that the VA will try to reduce his/her current rating. Keep in mind that the VA just can’t just reduce a veterans rating, the VA must prove that the veteran disability has improved. Also, a negative medical opinion would not cause a reduction and in relative equipoise the benefit of doubt goes to the veteran and the veteran wins so who cares about a not favorable opinion if the record and current treatment proves that the veteran's symptoms warrant a SMC award or even a higher SMC rating.
Believe whatever you want but veterans may not know that the courts (CAVC) in most cases is confined to either affirm or remand and asking them to do anything else is just going to get your appeal on the fast track to the hamster wheel. Appeals are won at the BVA level after a joint remand and most attorneys try to at least get a joint remand at the CAVC level. Without a current picture of the veteran’s symptoms the VA may be very reluctant to make a new decision. Veterans cannot dictate how the VA make their decision regardless of what the regulation says because there is always another regulation that gives the VA legs to stand on and no court will override their position. Try to make it easy for yourself, don’t shoot yourself in the foot. Look, we are here to try to help, and you can do whatever you want but it is best to try to learn from others but in this case, you can learn from both the positive and negative lessons. Following others can help you win, or it can help your appeal/claim go down the rabbit hole. Your claim/appeal, your decision, don’t blame anyone but yourself on the positive and or the negative outcome, please do your own homework and research in how to manage the VA and if you feel that you need professional help, seek accredited professionals. With this said, I contacted an accredited attorney who refused to take my case because I am rated 100% P & T, but I contacted a different attorney who took my case and I won. So please don’t give up and seek another professional opinion. Of course, this is my opinion and my experience after talking to my attorney. I would not have gotten my new decision (still pending) without their assistance and the lawyer that refused my case can go suck eggs.
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pacmanx1
Truth is truth and facts are facts, when veterans are rated P & T, this rating is awarded/granted only when a disability is determined/rated/adjudicated to most likely to last the rest of the veterans’ lifetime. This rating is not going to go away. Now let’s add SMC, a veteran rated P & T, SMC may have to be re-evaluated to determine what level of SMC he/she should be awarded but the fear of reduction could hinder the re-evaluation if the veteran think that the VA will try to reduce his/her current rating. Keep in mind that the VA just can’t just reduce a veterans rating, the VA must prove that the veteran disability has improved. Also, a negative medical opinion would not cause a reduction and in relative equipoise the benefit of doubt goes to the veteran and the veteran wins so who cares about a not favorable opinion if the record and current treatment proves that the veteran's symptoms warrant a SMC award or even a higher SMC rating.
Believe whatever you want but veterans may not know that the courts (CAVC) in most cases is confined to either affirm or remand and asking them to do anything else is just going to get your appeal on the fast track to the hamster wheel. Appeals are won at the BVA level after a joint remand and most attorneys try to at least get a joint remand at the CAVC level. Without a current picture of the veteran’s symptoms the VA may be very reluctant to make a new decision. Veterans cannot dictate how the VA make their decision regardless of what the regulation says because there is always another regulation that gives the VA legs to stand on and no court will override their position. Try to make it easy for yourself, don’t shoot yourself in the foot. Look, we are here to try to help, and you can do whatever you want but it is best to try to learn from others but in this case, you can learn from both the positive and negative lessons. Following others can help you win, or it can help your appeal/claim go down the rabbit hole. Your claim/appeal, your decision, don’t blame anyone but yourself on the positive and or the negative outcome, please do your own homework and research in how to manage the VA and if you feel that you need professional help, seek accredited professionals. With this said, I contacted an accredited attorney who refused to take my case because I am rated 100% P & T, but I contacted a different attorney who took my case and I won. So please don’t give up and seek another professional opinion. Of course, this is my opinion and my experience after talking to my attorney. I would not have gotten my new decision (still pending) without their assistance and the lawyer that refused my case can go suck eggs.
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broncovet
Agreed. "Fear of reduction" is a gimmick used by lazy VSO's, lazy VA employees, and even well meaning Vets advocates to prevent Veterans from getting all the benefits they deserve. Unfor
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