How the VA reduces your pay.

There are several conditions where the Department of Veterans Affairs (VA) will propose a reduction in a veteran's service-connected a disability rating.

It is very important for all veterans to know that a proposal is not yet a decision, therefore, veterans have time to challenge the proposal to reduce their rating and to provide medical evidence as to why a ratingshould not be reduced at all, or not as much as VA proposes.
Many VSOs suggest that veterans not send the “Notice of Disagreement” form to "appeal" the proposal, as a veteran can only formally disagree with a decision or appeal an actual decision.

If a veteran asks for a personal hearing within 30 days of notification of a proposal to reduce their rating, the VA will not reduce the rating until the veteran has a chance to present appropriate evidence.

If the VA continues paying at a veterans’ current rate until a hearing has taken place (if necessary) and the veteran is not successful in convincing the VA not to reduce their rating, this may create an overpayment that the VA will definitely recoup from the veteran as soon as humanly possible.

For certain conditions, when a veteran gets a high rating on a disability, a VA decision letter will oftentimes indicate that "since there is likelihood of improvement, the rating is not considered permanent and is subject to future review."

For you. After you file your claim, VA will send a let­ter ver­i­fy­ing receipt of your claim and noti­fy­ing you of the infor­ma­tion they need. This will include release forms they will need you to fill out in order to request files from civil­ian doc­tors you have seen. Be sure to read every­thing very care­fully. Some­times the dates can be wrong or VA might be ask­ing for the wrong infor­ma­tion. In addi­tion, you may have bet­ter luck get­ting doc­u­ments from doc­tors than will the VA. When you for­ward med­ical release let­ters to civil­ian med­ical providers for their records, be sure to fol­low up with a phone call to ensure they under­stand what you are request­ing, espe­cially for psy­chol­o­gists. Leave noth­ing to chance and never expect the VA will fig­ure out how to con­tact these peo­ple for you.

At the exam­i­na­tion for con­di­tions like PTSD, VA has exam­i­na­tion cri­te­ria online. Google what­ever con­di­tion to read about the expe­ri­ence of other vet­er­ans after their exams. This can help a lot. First, it will help you frame your con­di­tion in terms that the VA exam­iner will use in their analy­sis of your con­di­tion. Sec­ond, it will help you think through rel­e­vant dates and issues prior to the eval­u­a­tion. This increases your cred­i­bil­ity fac­tor with the exam­iner.

Lastly, write a one or two page sum­mary about your con­di­tion. Use bul­let points with brief expla­na­tions of each and every treat­ment for that par­tic­u­lar con­di­tion. Be care­ful to not over­whelm your exam­iner. Ask if the exam­iner has viewed your C-File before the exam. If not, you may have a claim for a review if the exam­iner gives you and adverse find­ing. If the C-File is not present for the exam, be sure to note the fact. A lack of C-File can bias your exam and be cause for a new one if you do not get the results you think you deserve.

In clos­ing, be patient. The whole process can take up to one year or longer. So, do not expect the cash to start flow­ing in quick enough to pay next month’s rent. Next week is the last Proven Tips, where I will dis­cuss VA grants and denials.


How To Prevent the VA From Lowering Your Disability Rating
Tip By: Nancy D. Gabey

There are several conditions where the Department of Veterans Affairs (VA) will propose a reduction in a veteran's service-connected a disability rating.

It is very important for all veterans to know that a proposal is not yet a decision, therefore, veterans have time to challenge the proposal to reduce their rating and to provide medical evidence as to why a rating should not be reduced at all, or not as much as VA proposes.
Many VSOs suggest that veterans not send the “Notice of Disagreement” form to "appeal" the proposal, as a veteran can only formally disagree with a decision or appeal an actual decision.

If a veteran asks for a personal hearing within 30 days of notification of a proposal to reduce their rating, the VA will not reduce the rating until the veteran has a chance to present appropriate evidence.
If the VA continues paying at a veterans’ current rate until a hearing has taken place (if necessary) and the veteran is not successful in convincing the VA not to reduce their rating, this may create an overpayment that the VA will definitely recoup from the veteran as soon as humanly possible.

For certain conditions, when a veteran gets a high rating on a disability, a VA decision letter will oftentimes indicate that "since there is likelihood of improvement, the rating is not considered permanent and is subject to future review."
This means the VA will contact the veteran at some point in the future to re-evaluate the status of his/her disability. Disabilities such as Post Traumatic Stress Disorder (PTSD) or migraine headaches may improve with medication or sit-down talking therapy of some sort and is therefore, oftentimes, subject to future scrutiny and examination by the VA.

It is very important if a veteran is service-connected for a condition the VA says is subject to future review that the veteran continues to see a medical provider to report current symptoms, which will factor into any future evaluation of the particular disability.
Another example of when VA will propose a reduction is when a veteran is service-connected for a cancer.

When cancer is present and for a certain time after treatment stops, a veteran will be rated at 100 percent for this disability. However, if the cancer goes into remission and the veteran is no longer undergoing any treatment such as radiation or chemotherapy, the VA will rate the veteran on the residuals of the cancer. What does that mean?

For example, if a veteran is service-connected for prostate cancer and was 100 percent during treatment and for a certain time after the treatment ends and the cancer goes into remission, the VA will propose a reduction to a percentage that reflects the residuals (side effects) the individual has such as urinary leakage, urinary frequency, erectile dysfunction, bowel urgency, the use of absorbent materials, and other factors related to treatment.

It is very important to read the letter and understand what percentage is given for residuals (side effects), and that the veteran report to his doctor all residuals so when a veteran receives a proposal for a reduction, the veteran will know whether or not it accurately reflects residual symptoms and if not, have medical evidence to submit to request a higher rating.

Another example of a VA proposed reduction is if the veteran is receiving 100 percent disability under Individual Unemployability (IU), and the veteran does not return the form the VA sends every year asking for verification of employment status. If the veteran ignores the “IU Letter” and does not return the form to the VA, the VA may send the veteran a letter saying they are going to reduce the current rating to the combined rating held before the veteran was awarded 100 percent under I.U.

The same holds true for letters the VA sends randomly to veterans receiving additional compensation for dependents (veterans rated at 30 percent or higher). This letter will ask a veteran to verify there has been no change in their dependent status. If the veteran does not respond, the VA will send a letter saying they are removing the dependent and that the veteran owes the dependent rate portion of their compensation back to the date they last had confirmed dependent information.

It is very important for a veteran to always report any change in dependent status to the VA, such as a divorce, death of a spouse, child who marries, death of a child, etc.

Also, and of great importance, the veteran should always make copies of any documents sent to the VA. Many veterans have great success in sending documents to the VA with a certified stamp. That will show proof the VA received or did not receive the veterans’ documents.

For you. After you file your claim, VA will send a let­ter ver­i­fy­ing receipt of your claim and noti­fy­ing you of the infor­ma­tion they need. This will include release forms they will need you to fill out in order to request files from civil­ian doc­tors you have seen. Be sure to read every­thing very care­fully. Some­times the dates can be wrong or VA might be ask­ing for the wrong infor­ma­tion. In addi­tion, you may have bet­ter luck get­ting doc­u­ments from doc­tors than will the VA. When you for­ward med­ical release let­ters to civil­ian med­ical providers for their records, be sure to fol­low up with a phone call to ensure they under­stand what you are request­ing, espe­cially for psy­chol­o­gists. Leave noth­ing to chance and never expect the VA will fig­ure out how to con­tact these peo­ple for you.

At the exam­i­na­tion for con­di­tions like PTSD, VA has exam­i­na­tion cri­te­ria online. Google what­ever con­di­tion to read about the expe­ri­ence of other vet­er­ans after their exams. This can help a lot. First, it will help you frame your con­di­tion in terms that the VA exam­iner will use in their analy­sis of your con­di­tion. Sec­ond, it will help you think through rel­e­vant dates and issues prior to the eval­u­a­tion. This increases your cred­i­bil­ity fac­tor with the exam­iner.

Lastly, write a one or two page sum­mary about your con­di­tion. Use bul­let points with brief expla­na­tions of each and every treat­ment for that par­tic­u­lar con­di­tion. Be care­ful to not over­whelm your exam­iner. Ask if the exam­iner has viewed your C-File before the exam. If not, you may have a claim for a review if the exam­iner gives you and adverse find­ing. If the C-File is not present for the exam, be sure to note the fact. A lack of C-File can bias your exam and be cause for a new one if you do not get the results you think you deserve.

In clos­ing, be patient. The whole process can take up to one year or longer. So, do not expect the cash to start flow­ing in quick enough to pay next month’s rent.