2. Dont Panic. Most Proposed Reductions that are timely disputed by the Veteran or his representative can be quashed, regulations (provided by links below) are in the Veterans favor.
3. Get help. You can ask questions on hadit, seek help from a VSO, or even seek legal help in extreme cases.
4. Consider asking for a hearing to tell your side. If you do get a hearing, then explain why your stituation "does not fit" the reduction criteria. I did great "WITHOUT a hearing", on 2 separate occasions. Its my opinion that the VA "hopes" you just forget about the letter, and dont miss the money, or learn to live without the money.
5. Dig in. Read your medical file/records, and review the regulations, below.
6. Understand these things:
A. If you have been rated for 5 years or more, OR, are P and T, You have protections.
B. With these protections, the VA has to show "your condition has actually improved" under ordinary conditions of life (and NOT with prolonged rest!), and, that the improvement is not "episodic". This means we all have good days, and on one day you go to the doc and feel great, and tell him so, the improvement needs to be "sustained", not just you feeling better on one day. Mostly, the VA has to show that you have gotten better over time. This is unlikely! (This is my paraphrase of the regulations cited below).
C. You can get your doctor (such as an IMO) to refute VA's position you have actual sustained improvement under ordinary conditions of life.
D. The VA "is not supposed to do a reduction re exam" FOR Veterans over 55, "except under unusual circumstances". At least one Veteran, when called in for a reduction c and p, (over age 55), made some calls and the exam was cancelled. You can ask, "What is so special about my circumstances that the "over 55" rule was ignored? "
7. Also remember this. You do NOT need to show that you meet the applicable rating criteria NOW. Instead, you need only show that you did not improve "since the last rating decsion" because, that decision either awarded your benefits, or was silent and continued them. So, the VA can not send you a decision letter on your PTSD and continue your bad knee rating (even without mentioning the knee issue), then later decide your knee had improved. The decision becomes final after a year, and you can hold VA to that! This would put VA decisions in conflict with themself. So, they said your PTSD was "continued", and they are gonna have to show you improved "after that" exam where you were awarded benefits or they were continued at the same rate.
8. Write a letter citing medical evidence in conflict with a rating reduction, and explaining why you dont meet reduction criteria.
It is essential that the entire record of examinations and the medical-industrial history be reviewed to ascertain whether the recent examination is full and complete, including all special examinations indicated as a result of general examination and the entire case history....
...Examinations less full and complete than those on which payments were authorized or continued will not be used as a basis of reduction.
Ratings on account of diseases subject to temporary or episodic improvement, e.g., manic depressive or other psychotic reaction, epilepsy, psychoneurotic reaction, arteriosclerotic heart disease, bronchial asthma, gastric or duodenal ulcer, many skin diseases, etc., will not be reduced on any one examination, except in those instances where all the evidence of record clearly warrants the conclusion that sustained improvement has been demonstrated
Quote
Ratings on account of diseases which become comparatively symptom free (findings absent) after prolonged rest, e.g. residuals of phlebitis, arteriosclerotic heart disease, etc., will not be reduced on examinations reflecting the results of bed rest.
Did you notice all the "will not be used for reductions", above? Use these to your advantage.
As explained by the regulations, the above does not apply to temporary ratings, only P and T or over 5 years.
Question
broncovet
Take these steps:
1. Dont ignore the letter, it wont go away.
2. Dont Panic. Most Proposed Reductions that are timely disputed by the Veteran or his representative can be quashed, regulations (provided by links below) are in the Veterans favor.
3. Get help. You can ask questions on hadit, seek help from a VSO, or even seek legal help in extreme cases.
4. Consider asking for a hearing to tell your side. If you do get a hearing, then explain why your stituation "does not fit" the reduction criteria. I did great "WITHOUT a hearing", on 2 separate occasions. Its my opinion that the VA "hopes" you just forget about the letter, and dont miss the money, or learn to live without the money.
5. Dig in. Read your medical file/records, and review the regulations, below.
6. Understand these things:
A. If you have been rated for 5 years or more, OR, are P and T, You have protections.
B. With these protections, the VA has to show "your condition has actually improved" under ordinary conditions of life (and NOT with prolonged rest!), and, that the improvement is not "episodic". This means we all have good days, and on one day you go to the doc and feel great, and tell him so, the improvement needs to be "sustained", not just you feeling better on one day. Mostly, the VA has to show that you have gotten better over time. This is unlikely! (This is my paraphrase of the regulations cited below).
C. You can get your doctor (such as an IMO) to refute VA's position you have actual sustained improvement under ordinary conditions of life.
D. The VA "is not supposed to do a reduction re exam" FOR Veterans over 55, "except under unusual circumstances". At least one Veteran, when called in for a reduction c and p, (over age 55), made some calls and the exam was cancelled. You can ask, "What is so special about my circumstances that the "over 55" rule was ignored? "
7. Also remember this. You do NOT need to show that you meet the applicable rating criteria NOW. Instead, you need only show that you did not improve "since the last rating decsion" because, that decision either awarded your benefits, or was silent and continued them. So, the VA can not send you a decision letter on your PTSD and continue your bad knee rating (even without mentioning the knee issue), then later decide your knee had improved. The decision becomes final after a year, and you can hold VA to that! This would put VA decisions in conflict with themself. So, they said your PTSD was "continued", and they are gonna have to show you improved "after that" exam where you were awarded benefits or they were continued at the same rate.
8. Write a letter citing medical evidence in conflict with a rating reduction, and explaining why you dont meet reduction criteria.
Protections are here: https://www.law.cornell.edu/cfr/text/38/3.344. Some examples:
Did you notice all the "will not be used for reductions", above? Use these to your advantage.
As explained by the regulations, the above does not apply to temporary ratings, only P and T or over 5 years.
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broncovet
Take these steps: 1. Dont ignore the letter, it wont go away. 2. Dont Panic. Most Proposed Reductions that are timely disputed by the Veteran or his representative can be quashed, regula
broncovet
Good for you, Sargent. The VA "shoots" with regulations, and we have regulations, too, to shoot back. The link, above, as has regulations which favor the Veteran. When the VA comes after you with
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