Memory loss

[Ken Dillon]

I put in for a claim , claiming memory loss, headaches, speech problems, and I am regretting that to Camp Lejeune water. I had a C&P exam questions will be in asked for about mental health. I currently had depression read it at 50% it is now decreased to 30%. I don't know how my depression rating got decreased sense I was putting in for memory problems. No questions to ask about memory, headaches, or forgetting where I was driving to. I am going to appeal?

 

 

[Dot09]

That’s a proud thing to have accomplished. The Va is riddled with bureaucratic games. It takes a lot out of us mentally. I for one am tapped out because I need to focus on my well being. That last little bit of SMC s will be the last the Va hears from me. Not every veteran has the resources or capacity to do this and I’m just thankful for tbirds work

[pacmanx1]

On 10/5/2023 at 12:21 PM, Ken Dillon said:

I am going to appeal?

That is the bottom line, you need to appeal to get your proper benefits.

[pacmanx1]

10 hours ago, Dot09 said:

That last little bit of SMC s will be the last the Va hears from me. Not every veteran has the resources or capacity to do this and I’m just thankful for tbirds work

SMC is not like other effective dates as to the veteran has to file a claim, it is supposed to be the date that your records show that you met the criteria and that is why the VA will fight your decision.

[broncovet]

Did you receive a 60 day notice of a proposed reduction?  

If the VA does not comply with the applicable regulations, including the one below, your benefits should be restored upon appeal:  

https://www.law.cornell.edu/cfr/text/38/3.105. In relevant part: 

Quote

Other reductions/discontinuances. Except as otherwise specified at § 3.103(b)(3) of this part, where a reduction or discontinuance of benefits is warranted by reason of information received concerning income, net worth, dependency, or marital or other status, a proposal for the reduction or discontinuance will be prepared setting forth all material facts and reasons. The beneficiary will be notified at his or her latest address of record of the contemplated action and furnished detailed reasons therefor, and will be given 60 days for the presentation of additional evidence to show that the benefits should be continued at their present level. Unless otherwise provided in paragraph (i) of this section, if additional evidence is not received within that period, final adverse action will be taken and the award will be reduced or discontinued effective as specified under the provisions of §§ 3.500 through 3.503 of this part.

Further, VA must also comply with this regulation:

https://www.ecfr.gov/current/title-38/chapter-I/part-3/subpart-A/subject-group-ECFR39056aee4e9ff13/section-3.344

You should read these over, and if va did not comply, then you have a cue or should be successful on appeal.  

In relavant part:  Pay particular attention to the items below, in bold: 

Quote

§ 3.344 Stabilization of disability evaluations.

(a) Examination reports indicating improvement. Rating agencies will handle cases affected by change of medical findings or diagnosis, so as to produce the greatest degree of stability of disability evaluations consistent with the laws and Department of Veterans Affairs regulations governing disability compensation and pension. 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. This applies to treatment of intercurrent diseases and exacerbations, including hospital reports, bedside examinations, examinations by designated physicians, and examinations in the absence of, or without taking full advantage of, laboratory facilities and the cooperation of specialists in related lines. 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. 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. Moreover, though material improvement in the physical or mental condition is clearly reflected the rating agency will consider whether the evidence makes it reasonably certain that the improvement will be maintained under the ordinary conditions of life. When syphilis of the central nervous system or alcoholic deterioration is diagnosed following a long prior history of psychosis, psychoneurosis, epilepsy, or the like, it is rarely possible to exclude persistence, in masked form, of the preceding innocently acquired manifestations. Rating boards encountering a change of diagnosis will exercise caution in the determination as to whether a change in diagnosis represents no more than a progression of an earlier diagnosis, an error in prior diagnosis or possibly a disease entity independent of the service-connected disability. When the new diagnosis reflects mental deficiency or personality disorder only, the possibility of only temporary remission of a super-imposed psychiatric disease will be borne in mind.

(b) Doubtful cases. If doubt remains, after according due consideration to all the evidence developed by the several items discussed in paragraph (a) of this section, the rating agency will continue the rating in effect, citing the former diagnosis with the new diagnosis in parentheses, and following the appropriate code there will be added the reference “Rating continued pending reexamination ______ months from this date, § 3.344.” The rating agency will determine on the basis of the facts in each individual case whether 18, 24 or 30 months will be allowed to elapse before the reexamination will be made.

(c) Disabilities which are likely to improve. The provisions of paragraphs (a) and (b) of this section apply to ratings which have continued for long periods at the same level (5 years or more). They do not apply to disabilities which have not become stabilized and are likely to improve. Reexaminations disclosing improvement, physical or mental, in these disabilities will warrant reduction in rating.

 

 

Edited October 14, 2023 by broncovet
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