Dod vs va

RonG

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Is it possible for the VA to make such a determination to increase/decrease solely on a C&P exam? That is all that is listed as evidence on the letter I received
Yes.

However, when you get a PROPOSAL to reduce your VA award, the decision to reduce is not final.

From memory:
You have 30 days from the date of the proposal to reduce to request a hearing,
You have 60 days to provide evidence as to why the reduction should not occur.

I will confirm later whether my remarks are accurate...it has been a few years.

Ron
 

RonG

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PEB Forum Veteran
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Pursuant to 38 C.F.R. section 3.105(e), when the RO determines that a rating reduction is warranted, it is required to issue a proposed rating reduction, setting forth the reasons for the proposed reduction,
and
to allow the veteran a period of at least 60 days to submit additional evidence to show that the rating should not be reduced. Furthermore, when, after such period, the RO issues a decision reducing the rating, that reduction does not become effective until the "[l]ast day of [the] month following 60 days after notice to [the] payee" of the reduction decision. 38 C.F.R. § 3.400(r); see 38 C.F.R. § 3.105(e). The effect of sections 3.105(e) and 3.400(r) combined is that a rating reduction cannot be made effective for a minimum of 120 days after it is proposed in writing to the veteran. Brown (Kevin) v. Brown, 5 Vet. App. 413, 418 (1993).
—-

Upon receipt of a proposal to reduce: If a veteran does not agree with the proposed reduction, he or she has 30 days to request a hearing(although this step is not necessary to fight a reduction).


My recollection was correct.

Ron
 
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