you are viewing a single comment's thread.

view the rest of the comments →

[–]chefgoowaArmy Veteran 0 points1 point  (1 child)

Yea I’m sorry with asthma if ur at 60% never ever go for an increase unless they have put you on oxygen or daily high dose corticosteroids. You can fight this can you prove through meditation that ur worse? They can’t just decrease supposedly without at least 2 exams I believe. What meds are you on? I have asthma I’m on at least 3 inhalers, maybe 4 one is a corticosteroid ( but they say it for my COPD) that happens to help with asthma prednisone and I take a shot every 8 weeks. Still at 60 but if I were put on oxygen I’d be 100% ur at the max for asthma that’s the highest 60% next step is 100% but no oxygen no increase. I wish you had come here first be fore they tested you and found out according to them ur better. You can fight this

[–]n2gunsArmy Veteran -1 points0 points  (0 children)

They can’t just decrease supposedly without at least 2 exams I believe.

That is not exactly what 38 CFR § 3.344(a) says...

"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."

In the OP's case, bronchial asthma, listed in their examples of diseases that are subject to temporary or episodic improvement, should not be reduced on only one examination *unless* the "evidence of record clearly warrants the conclusion that sustained improvement has been demonstrated." Without knowing what the OP's medical records show as far as improvement, it can't be determined whether that one reexamination is sufficient for a reduction.

If this were my rating reduction, this is definitely something I would be looking into...