This does not pertain to the PEB/MEB/IDES processing.
A fellow member of another board to which I belong recently posted the recommendations below. They are important since he is a current rater with the VA.
[start]
About twice a year I’d say I post warnings like the following. Cases where you just have to shake your head. Some info may or may not be tweaked to protect the guilty.
Rated a claim for increase that wound up being a GIANT decrease.
Vet a couple week ago received a BVA decision that denied an increase in conditions but granted IU and there were no future exams, so this vet would soon be TDIU. This will be important later; the increases where denied by BVA because improvement was indicated on the last exams 2 years ago, but was not “sustained improvement” under 3.344, so the ratings were continued. No RFE set as vet is over 55. 3.327.
So, this vet had it, made TDIU, just had to wait for the rating decision to execute BVA’s decision....but no....
The vet files a regular claim for increase on the issues just denied an increase by BVA. BVA decision is executed giving vet years of back pay. But days after that, has the increase claim C&Ps.
You guessed it, the new exams confirm improvement. So the result is proposed reductions which takes this vet to an overall of 30%. Thus resulting also in proposing the discontinuance of IU and chapter 35.
Sent the case info to a VBA friend of mine to review something for me, his response, “too bad the vet didn’t have a VSO.”
If you don’t know what you’re doing, get a VSO. I’ll remember this case for awhile. Peace.
___________________
Author: Spunky
USAF (ret) 1991-2012
VBA Counselor 2014-2016
VBA RVSR 2016-current
[end]
Ron
A fellow member of another board to which I belong recently posted the recommendations below. They are important since he is a current rater with the VA.
[start]
About twice a year I’d say I post warnings like the following. Cases where you just have to shake your head. Some info may or may not be tweaked to protect the guilty.
Rated a claim for increase that wound up being a GIANT decrease.
Vet a couple week ago received a BVA decision that denied an increase in conditions but granted IU and there were no future exams, so this vet would soon be TDIU. This will be important later; the increases where denied by BVA because improvement was indicated on the last exams 2 years ago, but was not “sustained improvement” under 3.344, so the ratings were continued. No RFE set as vet is over 55. 3.327.
So, this vet had it, made TDIU, just had to wait for the rating decision to execute BVA’s decision....but no....
The vet files a regular claim for increase on the issues just denied an increase by BVA. BVA decision is executed giving vet years of back pay. But days after that, has the increase claim C&Ps.
You guessed it, the new exams confirm improvement. So the result is proposed reductions which takes this vet to an overall of 30%. Thus resulting also in proposing the discontinuance of IU and chapter 35.
Sent the case info to a VBA friend of mine to review something for me, his response, “too bad the vet didn’t have a VSO.”
If you don’t know what you’re doing, get a VSO. I’ll remember this case for awhile. Peace.
___________________
Author: Spunky
USAF (ret) 1991-2012
VBA Counselor 2014-2016
VBA RVSR 2016-current
[end]
Ron
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