Jump to content
VA Disability Community via Hadit.com

 Click To Ask Your VA Claims Question 

 Click To Read Current Posts  

  Read Disability Claims Articles 
View All Forums | Chats and Other Events | Donate | Blogs | New Users |  Search  | Rules 

  • homepage-banner-2024-2.png

  • donate-be-a-hero.png

  • 0

First time hearing this, any experience?

Rate this question


FlyboyLeRoy

Question

I filed a BVA advancement on the docket today. Provided evidence why I should qualify and explained my appeal. In 2021, with my civilian doctors (otolaryngologist) paperwork i submitted, I was granted an increase (already service connected) to 100%. Months later, the va still scheduled a c&p exam for me, even with sufficient evidence and of higher probative value. That c&p exam like a PA (physician assistant) and a general MD to not mark the same boxes as my doctor which resulted in my decrease. After faxing  an advancement on docket today, after logging in Ebenefits I noticed they had filed a CUE same day and was already  assigned to a reviewer. It wasn’t what I asked for but I’m kinda glad they did it. Any similar stories? 

Link to comment
Share on other sites

3 answers to this question

Recommended Posts

  • 0
  • Moderator

Most likely, there was an error for not considering you for SMC S or SMC L, which is generally required when you get 100 percent.  My advice is to call and find out what the exam is for, and report it back, because, we can see more of whether that is correct or not.   You need to attend the exam regardless

Link to comment
Share on other sites

  • 0
7 minutes ago, broncovet said:

Most likely, there was an error for not considering you for SMC S or SMC L, which is generally required when you get 100 percent.  My advice is to call and find out what the exam is for, and report it back, because, we can see more of whether that is correct or not.   You need to attend the exam regardless

I was getting smc. They took it away because of the other va dbq completed. Even though there was already sufficient evidence, they still did a c&p.  

Link to comment
Share on other sites

  • 0
  • Moderator

Lets talk about his, flyboy.  

Did you get a proposed reduction, giving you 60 days to dispute it?  If you did not, the VA is in error for reducing you.  

If you did get a proposed reduction letter, did you respond promptly to the letter, disputing it?  If not, its kind of your fault.  But, you can still dispute a reduction by appealing the reduction alleging that you did not meet reduction criteria.  

 

Its one thing to get a proposed reduction.  Its another if you dont bother to respond and get reduced.  

Mostly we have to fight for our benefits..apply, appeal, etc.  until you get the deserved benefits.  

In a similar way, you have to sometimes fight to keep benefits..respond to the proposed reduction and appeal if they try to reduce you anyway.  

If the VA sends you a letter, such as a proposed reduction, and you ignore it, well its gonna be a little harder and take longer to appeal the reduction.  If you wait a year, its gonna be extra tough to appeal a reductioon.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use