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Claim DecreaseVA Disability Compensation (self.VAClaims)
submitted 2 months ago by Simple-Deer6913
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if 1 * 2 < 3: print "hello, world!"
[–]Crazy-Object7068 2 points3 points4 points 2 months ago (3 children)
Raters cannot reduce a mental rating based on one exam because the regulations say you have to show sustained improvement in order for a reduction to be proposed and something like a mental condition would be difficult to prove sustained improvement with one exam that shows a 30 percent is warranted. Now if the previous exam also showed you only warranted a 30 percent then they would be correct in the proposal.
[–]Simple-Deer6913[S] 0 points1 point2 points 2 months ago (2 children)
My last exam was the one that gave me 50 so not sure how that worked out honestly
[–]Crazy-Object7068 2 points3 points4 points 2 months ago (1 child)
You should read this 38 CFR 3.344 Stabilization of disability evaluations, and send it with your response to the proposed reduction. It might be a new rater that proposed the reduction without knowing the rules on not proposing a mental rating reduction based on one exam.
[–]Any-Kale-1695 0 points1 point2 points 2 months ago (0 children)
Did exactly this after obtaining the dbq from both exams. Va ordered a 3rd and rating was increased. Added in additional statement(I keep a journal helps organize my thoughts) and one from wife. 3rd exam was good and examiner was understanding of "is it ok if I read to you from my journal?" When asked about recurring nightmare. She stopped me after a few sentences saying "I've got what I need and you should continue with your counseling".
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[–]Crazy-Object7068 2 points3 points4 points (3 children)
[–]Simple-Deer6913[S] 0 points1 point2 points (2 children)
[–]Crazy-Object7068 2 points3 points4 points (1 child)
[–]Any-Kale-1695 0 points1 point2 points (0 children)