Appeal in since July 2018, switch to Modernization Act submission? and Temp 100% question?

MoparFin

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Last June I received a letter stating that the VA was decreasing my rating for
lumbar degenerative disc disease, status post L5 laminectomy and discectomy. I was at 20%. This letter dropped me to 10%. Reasoning said that I was getting better. Problem is I was in care, still am, and am about to get my second back surgery. This will be a fusion. Going to the doctor today to find our what next steps are.

Claim has been in since July 31, 2018. If I switch to the new appeal process, will I lose the July 31 date? Should I just wait it out at this point?
If I do switch, I plan on sending in all of the paperwork from the surgeon that I will be seeing today.

Side question. For temporary 100% due to surgery, when should I put in for that? As soon as I have a date scheduled?
 

oddpedestrian

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With the reduction did you go to an exam? Back ratings come from ROM measurements there are some exceptions with flare ups and pain but you would have had to talk about that in your exam and the BVA will most likely be the only ones to hear you out don't expect any relief from raters. Is the appeal for the same condition? If so sending in medical notes isn't considered new and relevant evidence for a supplemental appeal so I would either pick HLR or BVA evidence lane under the new law. You need a good VSO to help you out here I strongly recommend one they are free. Same for the temp 100% get a VSO.
 

MoparFin

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There was no exam for the reduction. I have had another C/P for another issue where they did the back DBQ that showed a decrease in ROM from last DBQ done in ‘17. I have been dealing with VSO. Just have not seen them yet for this issue. Just found out I will be having surgery.

How are notes, which would include results from diagnostic tests, not new and revenant if they show my condition has worsened to the point I need an another surgery? These test have all been completed since the reduction and since the appeal was first put in.
 

oddpedestrian

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It's evidence they have already the evidence has to be something they don't have like a new DBQ. If the DBQ was done after the reduction then file supplemental and add it. There is a good chance they may order a new exam and have another DBQ filled out but that's probably what you need anyway. With reductions sometimes the exam that leads to it was conducted up to a year prior, the decision should have the evidence listed in what was used to reduce other than just saying it got better. Switching to the appeals does keep your effective date.
 

MoparFin

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Well, I finally received my determination. Few months ago, just forgot to rely here.

My rating for my back was increased to 40%, back pay went back to May of 2017 for some reason, even though I put in the appeal in July of 18? Anyway, now 90% total rating.
 
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