VA Proposed Disability Decrease

BCN59

PEB Forum Veteran
Registered Member
#1
Hi all,

I received a letter from the VA a while back stating that they intend to decrese my rating from 100% to 80%, and that if I diagree I should submit a letter of rebuttal. Does anyone know where exactly it is I send this letter (the mailing address)? I know it was included in the letter sent to me, but I can't seem to find it (convenient).
 

Camp P Marine

PEB Forum Veteran
Registered Member
#6
BLUF: Request a hearing within 30 days.

38 CFR §3.105 (e) Reduction in evaluation—compensation. Where the reduction in evaluation of a service-connected disability or employability status is considered warranted and the lower evaluation would result in a reduction or discontinuance of compensation payments currently being made, a rating proposing the reduction or discontinuance will be prepared setting forth all material facts and reasons. The beneficiary will be notified at his or her latest address of record of the contemplated action and furnished detailed reasons therefor, and will be given 60 days for the presentation of additional evidence to show that compensation payments should be continued at their present level. Unless otherwise provided in paragraph (i) of this section, if additional evidence is not received within that period, final rating action will be taken and the award will be reduced or discontinued effective the last day of the month in which a 60-day period from the date of notice to the beneficiary of the final rating action expires.

(i) Predetermination hearings.
(1) In the advance written notice concerning proposed actions under paragraphs (d) through (h) of this section, the beneficiary will be informed that he or she will have an opportunity for a predetermination hearing, provided that a request for such a hearing is received by VA within 30 days from the date of the notice. If a timely request is received, VA will notify the beneficiary in writing of the time and place of the hearing at least 10 days in advance of the scheduled hearing date. The 10 day advance notice may be waived by agreement between VA and the beneficiary or representative. The hearing will be conducted by VA personnel who did not participate in the proposed adverse action and who will bear the decision-making responsibility. If a predetermination hearing is timely requested, benefit payments shall be continued at the previously established level pending a final determination concerning the proposed action.
 

Camp P Marine

PEB Forum Veteran
Registered Member
#8
Mail to:
DEPARTMENT OF VETERANS AFFAIRS
CLAIMS INTAKE CENTER
PO BOX 4444
JANESVILLE, WI 53547-4444

or Fax to:
TOLL FREE: 844-531-7818 & 248-524-4260 (Utilized for Foreign Claimants)
 

jeremymays92

PEB Forum Veteran
Registered Member
#9
Can anyone shed some light on what is meant by "material evidence required" to reduce a 100% rating? I have 100% but it is a temporary disability. I have a VA Re-Evaluation next week and this comes just 1 month after the Air Force performed a TDRL Re-Evaluation on me. My findings were 100% and retained on TDRL again by the Air Force.

According to this link it says if they schedule a re-evaluation, they likely already have evidence they need to reduce or terminate your benefits. The link also goes on to state 100% ratings have certain protections and require material evidence to be lowered. It is a mental health issue why I am disabled. I have been unable to work the entire time of my retirement/disability, can't even drive or go out in public, make all of my appointments on time and take all my medicine.

What possible material evidence are they looking for to drop a mental health rating? How often can you expect periodic VA Re-Exams before they make a final decision?



Please see the link I referenced below.

VA Reexaminations and Reductions of Veterans Disability Benefits
 
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Camp P Marine

PEB Forum Veteran
Registered Member
#11
If you have a VSO ask for your codesheet. If not, you can go to the nearest VA regional office and ask them for it. This will explain if your disability requires a future exam or not. If it does require a future exam, it will have a month and year associated with the disability.

Disability X "Static Disability" = No future exams

Disability Y "Future exam July 2020"
 

jeremymays92

PEB Forum Veteran
Registered Member
#12
If you have a VSO ask for your codesheet. If not, you can go to the nearest VA regional office and ask them for it. This will explain if your disability requires a future exam or not. If it does require a future exam, it will have a month and year associated with the disability.

Disability X "Static Disability" = No future exams

Disability Y "Future exam July 2020"
Thank you so much for the information! I have an appointment with my VSO tomorrow and will definitely ask about a codesheet.
 
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