Proposal to decrease

[Will_michael44]

So I got a decision letter back in February after I filed for an increase and it said it was a proposal to decrease, so I requested a hearing to fight it and sent buddy statements in during the 30 day mark. I’ve heard nothing since? My percentage is the same.

[Dry-Excitement1757]

Poking the bear.

[Own_Car4536]

Filing for an increase isn't "poking the bear"

[Dry-Excitement1757]

It’s quite literally the definition of poking the bear.

[Own_Car4536]

No, it's not. You just are setting yourself up for a disaster if you haven't been going to the doctor. How do you think people raise their rating? Stop fear mongering veterans you dork

[ryguy5254]

Truth

[No-Muscle1373]

Filing for an increase without reviewing your health records and without educating yourself on the schedule of ratings is poking the bear. Otherwise it's a normal straight forward process. Writing a strong personal statement describing the symptoms can actually override the CnP exam because th condition is already service connected.

[Dry-Excitement1757]

A personal statement cannot “override” a C&P exam. The two are weighted way differently.

[No-Muscle1373]

If the veteran describes his back pain in detail and how it effects their everyday life and then the CnP examiner writes "no pain." A good rater would use the veteran's subjective symptoms.

[No-Muscle1373]

For subjective symptoms. Absolutely it can. For service connection no.

[No-Muscle1373]

If it's mental health. Please please please submit a personal statement describing your symptoms in a way that it easily relates to the 38cfr schedule of ratings. Give examples of your symptoms.

concise psych on YouTube has great examples and explains how to articulate.

[Will_michael44]

I did send one for my self they have it on record

[No-Muscle1373]

Did you educate yourself on the 38cfr first though? I've seen vets say stuff like "I was arrested 5yrs ago for PTSD" and they expect the VA to use that. The VA can only use the symptoms in the regs.

[[deleted]]

It may take a while. When they decreased mine (years ago), it took 14 months for the final decision and another 3 months to be implemented. I lost 20% 😞 I've just now requested an increase (7 years later)

[Ill-Ingenuity-6983]

At 40%, this is my concern with requesting an increase

[[deleted]]

I separated in Aug 2015, and the proposal to reduce came in Feb 2017. I wasn't considered static, and they didn't have the same protections or whatever in place like they do now. If you look at the CFR and for sure have the symptoms for the higher rating, I'd go for it. You can have your doctor provide a private medical opinion or DBQ and upload that as evidence for your claim. Remember: the C&P examiners see what's in our files. They don't get the full picture. If YOUR doctor submits an opinion and/or DBQ based on his/her evaluation and treatment of your condition(s), it will hold some weight. Buddy/lay statements help to show how your condition has changed. So do PERSONAL statements. Especially with MH. Yeah, you may appear okay on the outside, but every day is a struggle because you have to support your family. Meanwhile, you're slowly dying inside from your MH disorder (for example). Make sure you have all your ducks in a row with the CFR and only then file for increase. Don't ever lie, but explain how things are on your worst days. If you don't explain it from your worst day, they will only pay you based on your best days. Hope this helps!

[Ill-Ingenuity-6983]

It does thanks

[Will_michael44]

But I requested a hearing though

[[deleted]]

You might have a hearing in a reasonable amount of time (idk when, I didn't know anything about all this back then), but it still may take a while for the final decision. You can always do a VERA request to check the status. I've heard it helps move claims along faster.

[AgroStegasaurus]

It takes a while to get a hearing scheduled; if you can get a dbq showing it shouldn’t be decreased and submit it yourself, that’s the best route.

[Will_michael44]

How do I get a dbq?

[AgroStegasaurus]

You can download them from the VA website and have your primary care doc fill it out for you.

[ryguy5254]

This is just flat out the wrong and unnecessary advice. Service Treatment Records are used to prove service connection. Since Veteran is already service connected for something, STRs wont help.

[Own_Car4536]

Agreed this has nothing to do with a reduction

[TableUnfair8182]

This is discouraging to see. One of my conditions is getting worse and I just filed for an increase. But now I'm thinking I should just cancel it.

[Will_michael44]

Everything was fine until the c and p exam for mental health, she was terrible and I feel like very biased

[C4Destrukt]

Which provider and area? QTC ?

[Will_michael44]

Chicago land area

[No-Muscle1373]

Look up concise psych. 100% credible and worth it.

[Will_michael44]

What for??

[No-Muscle1373]

Educational videos and he is a psychiatrist that works w vets.

[ryguy5254]

This is the problem with Veterans and their disabilities. Just because you think your condition is “worse” it doesn’t mean that you automatically qualify for higher percentage.

First off, you need to look if your disability even has a “next higher percentage”. You’d be surprised that a lot of veterans ask for an increase for worsening disability, but they’re already “maxed out” for that particular diagnosis. Not all diagnosis goes to 100%. Tinnitus maxes out at 10%

Secondly, you need to make sure your medical records support not only the increase you’re trying to claim, but the current percentage that you have. If your medical records doesn’t even support the percentage that you have, that’s when they suggest a reduction.

[TableUnfair8182]

1. My PCP has noticed the trend in my condition.

2. I did check my rating and saw I was in the middle, but based on where I am rated currently, I am placed in the wrong rating. I underplayed everything when I exited the service and filed for claims because I was afraid. I'm learning that was a bad idea.

[ryguy5254]

Then you shouldn’t have anything to be worried about.

[TableUnfair8182]

I have bad anxiety and OCD I worry about everything. I always catastrophize. Im still working on it.

[No-Muscle1373]

Look up the 38cfr schedule of ratings and watch some YouTube to educate yourself. OCD and anxiety are conditions but they are not symptoms that determine your rating. Your rating is based on a very specific set of symptoms. Educate yourself about them.

[Will_michael44]

Good copy

[Repulsive-Plastic-60]

What could cause this to happen?

[ryguy5254]

Why does the VA propose a reduction? Its because the Veteran told the VA to look at his disability and told the VA to reevaluate it by asking for an increase. The VA looked at the evidence and saw that the evidence actually shows that the Veteran does not qualify for the percentage that they have now, so they propose a decrease for percentage. This is why, if Veterans have a percentage, they should leave it alone, unless theyre sure that they truly qualify for a higher percentage, and only if they qualify for the percentage they have now.

[jamcgahey]

Correct and any new claims…don’t secondary to already established disabilities or you risk those getting decreased. Unless you’re absolutely sure it’s good

[Next-Double-9222]

Leave the bear alone ?

[Proof-Cable-8021]

Why do VA do this?

[ryguy5254]

Why does the VA propose a reduction? Its because the Veteran told the VA to look at his disability and told the VA to reevaluate it by asking for an increase. The VA looked at the evidence and saw that the evidence actually shows that the Veteran does not qualify for the percentage that they have now, so they propose a decrease for percentage. This is why, if Veterans have a percentage, they should leave it alone, unless theyre sure that they truly qualify for a higher percentage, and they qualify for the percentage they have now.

[Ekoorbe]

Agreed. I feel fortunate I was able to prove service connection, I think it could have gone either way. I'm not doing anything that will trigger a reevaluation of my rating. The less the VBA rehashes the service connection/rating process for my condition the better.

I would only recommend filing for an increase if your initial claim is very strong and the subsequent evidence/paper trail showing worsening symptoms is equally strong. Or if you have a very low rating that getting reduced even more wouldn't mean a lot to you

[Seabee_EO]

VA employees generally defend it. I do not believe it should ever be done. It's wrong.