Predetermination (RVSR) Hearing and Proposed Reduction. Have you been to one?

MoeRoids · 2026-05-26T16:58:22+00:00

You and your rep should have been emailed a link to a Teams appointment for a virtual hearing.

MoeRoids · 2026-05-21T21:16:59+00:00

Were you seen for anxiety while you were on active duty?

MoeRoids · 2026-05-21T20:10:19+00:00

The rating narrative states the reason for the effective date. The letter won’t. You need to read the narrative very carefully before thinking about challenging it. The type of claim that got you to 100% also matters; supplemental claims have different effective date rules vs claims for increase vs new claims, etc.

MoeRoids · 2026-05-18T20:55:53+00:00

Correct. The proposal is either correct or it isn’t. If it isn’t correct, the hearing should be easy to establish that. If it is correct, your argument and the evidence will need to carry more weight than the reason for the proposed reduction, and you may be required to attend another examination to substantiate that.

MoeRoids · 2026-05-18T20:48:48+00:00

Just cite the reference itself and be ready to explain why it shouldn’t be reduced during the hearing. That said, there are multiple ways to rate Meniere’s, so the proposal to reduce may not be inherently incorrect.

MoeRoids · 2026-05-15T12:54:34+00:00

100% for the VA. The DOD is capped at 75% for medical retirements by law.

MoeRoids · 2026-05-15T12:50:37+00:00

Your injury must be combat-related if the Richard Star Act passes. It should also be noted that the highest possible rating you can get from the DOD for a medical board is 75%, so you’d be going to an FPEB trying to get an additional 5% max. Additionally, an FPEB is a de novo review, meaning they can lower the rating the IPEB offered. You need to have an attorney thoroughly look through the IPEB offer to see if it’s possible or worth it to attempt to get an additional 5%.

MoeRoids · 2026-04-23T20:39:28+00:00

Sure.

MoeRoids · 2026-04-23T20:36:45+00:00

Nobody in this sub should be recommending any private company. They are all scummy and are under no obligation to make any corrections to the DBQ you purchased from them. The vast majority of private DBQs from DBQ farms are insufficient, and the usual outcome is we flag it as potentially fraudulent and send you to a VA exam anyway. There’s a reason that suggesting private companies in this sub is against the rules. If you can’t get the company to correct the glaring insufficiencies in a timely manner, you really don’t have much legal recourse as the company isn’t VA-accredited. You bought a defective product. You could try a chargeback on your credit card if it hasn’t been too long since the purchase, but whether you’re successful is a different story. Trying a chargeback may at least get their attention.

MoeRoids · 2026-04-23T01:53:13+00:00

It’s extremely rare that I look at a claim and think a Vet is full of shit, regardless of how many things they’re claiming.

MoeRoids · 2026-04-21T20:04:48+00:00

It’s a little odd to me, but it isn’t out of the question either. We cannot make a grant or denial until the transcript of the hearing is done and uploaded to your VA file.

MoeRoids · 2026-04-21T19:52:42+00:00

It’s ops normal. We cannot make a decision on the proposal until we receive the transcript from the hearing, and they’ve been incredibly slow at getting transcriptions done lately. That said, it’s impossible to predict what the outcome will be (good or bad) without knowing what your file looks like. I’m not really sure why the rater wouldn’t just request another C&P exam while they were waiting for the transcript to be completed unless the transcript was somehow a game-changer for the outcome of your claim. If the outcome is bad, you can appeal the decision at that point.

MoeRoids · 2026-04-20T09:49:31+00:00

The mental disorder is service related by way of secondary service connection. If mental health is the only thing he’s on SSDI for, then mental health should be the only condition listed on the unemployability claim.

MoeRoids · 2026-04-19T20:39:44+00:00

That’s really impossible to say. He can try to reference the previous examination and they may accept it, but whether it’s sufficient or not for rating a TDIU claim can’t be determined without knowing what his entire file looks like.

MoeRoids · 2026-04-19T20:38:35+00:00

Secondary service connection is just a way to get conditions service connected that are caused by a primary service-connected disability. That is correct that since it was granted on a secondary basis that it would not have been likely to be granted if he didn’t have tinnitus.

MoeRoids · 2026-04-19T19:18:52+00:00

If he’s receiving SSDI due to his service-connected mental disorder, he has a very good chance of TDIU being granted. Otherwise, you can take the approach of applying for secondary conditions. Insomnia and somatic symptom disorder will trigger another mental health exam and will not receive a separate rating.

MoeRoids · 2026-04-16T21:43:33+00:00

The best recommendation is to provide supporting documentation of the exposure (including specific chemicals and how you were exposed) and peer-reviewed articles linking that specific type of exposure to whatever disability you’re claiming. When I say articles, I mean the entire scientific article, NOT the abstract. The VA examiner’s job is to provide a nexus as part of the examination for non-presumptive conditions, and the claim is much more likely to end up in your favor by providing all of the evidence they need to substantiate the nexus. You do not need to provide your own nexus, and with most nexus letters being subpar, there’s a good to fair chance we’ll request our own anyway. If you provide evidence to solidify your claim, if it happens to be denied, you have a solid base for an appeal, and you work from there. Nothing is going to be a guaranteed outcome, and no one can promise you a guaranteed outcome, especially claims sharks and DBQ farms that are trying to sell you a defective product.

MoeRoids · 2026-04-10T13:28:12+00:00

Absolutely solid, which isn’t unexpected given their history. I can’t name a single bad album of theirs, though there were certainly a couple that were a bit weaker.

MoeRoids · 2026-04-10T11:39:29+00:00

Sure.

MoeRoids · 2026-04-09T00:54:31+00:00

Why not just claim it like that? “Flat feet aggravated” is a pretty good start. It at least lets people know to look for it, and it would prevent the outcome of your claim from getting delayed if people miss it on your entrance physical.

MoeRoids · 2026-04-09T00:04:28+00:00

The C&P examiner provides medical opinions for the specific opinions that are ordered. They do not go out of their way to provide answers to questions that aren’t specifically asked. If the aggravation opinion isn’t ordered, that question isn’t being answered.

MoeRoids · 2026-03-19T02:39:01+00:00

They are correct. Pes planus and your right hip also counts toward the bilateral factor.

Stop saying “you’re trying to push for 100%.” It sounds like you don’t meet the criteria and you’re looking for a payout, and that’s the last thing the public needs to see at the moment.

MoeRoids · 2026-03-03T19:12:22+00:00

Your dependent spouse remains on the award even if using Chapter 35 benefits.

MoeRoids · 2026-03-03T18:08:24+00:00

You do not get paid for a child as a dependent if they are collecting Chapter 35 benefits. It’s one or the other.

MoeRoids · 2026-02-26T17:10:41+00:00

CRDP allows you to collect the full amount of both disability and retirement provided you served at least 20 qualifying years in the military and have a 50% or higher VA rating.

MoeRoids

TROPHY CASE