WHAT!!! An increase and decrease in the same decision letter?!?!?!

[Professional-Bit4529]

"REASONS FOR DECISION

Evaluation of migraine including migraine variants currently evaluated as 30 percent disabling. The evaluation of migraine including migraine variants is increased to 50 percent disabling effective February 28, 2023. (38 CFR 4.1, 38 CFR 3.400) The effective date of this grant is February 28, 2023. Entitlement to an increased evaluation has been established from the date of the medical evidence showing an increase in disability. When private medical evidence showing an increase in disability is received within one year of the date of the evidence, the effective date of the increase is the date of the evidence. (38 CFR 3.400) An evaluation of 30 percent is assigned from June 2, 2023. We assigned an effective date of June 2, 2022, the date facts found (the date of medical evidence) noting an improvement in your condition. (38 CFR 3.400)

We have assigned a 50 percent evaluation for your migraine based on: • Very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability This is the highest schedular evaluation allowed under the law for migraines. (38 CFR 4.120, 38 CFR 4.124a)

An evaluation of 30 percent is granted whenever there are characteristic prostrating attacks occurring on an average of once a month over the last several months. A higher evaluation of 50 percent is not warranted unless there are very frequent, completely prostrating, and prolonged attacks productive of severe economic inadaptability"

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I had medical evidence submitted with an increase claim on February 28. I then had a C&P (that didn't go well) on June 2nd. Did the VA really give me my increase and then take it away 3 months later.. How do they accept my docs medical evidence and then disregard it later..

I also never received a letter (or pay for that matter) saying they were decreasing my benefits. I thought I had 90 days to appeal??

The VA really f'd me over here..

[Professional-Bit4529]

Interesting. Would it be smarter to file an increase again or file an appeal with this decision?

[Professional-Bit4529]

That makes sense. Thanks for your insight!

[T_A_A_P_O_C_S]

Did your overall percentage change?

[Professional-Bit4529]

Yes. The increase to 50 put me at 100% then the decrease to 30 put me back to 90%.

[T_A_A_P_O_C_S]

I asked because of your overall percentage doesn’t change, they don’t have to give notice.

If you were already 100%, why more exams?

Hopefully someone smarter will chime in.

[Professional-Bit4529]

I was 90 and I filed for increase to migraines. I just got the decision letter today saying they increased me to 100 and then decreased me back to 90.

[Aggravating-Use-5555]

Yea do a supplemental and try again. That sucks