VA Wants to Reduce my Disability Rating | What To Do

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  • Опубліковано 3 гру 2024

КОМЕНТАРІ • 122

  • @MissionaryInMexico
    @MissionaryInMexico 4 роки тому +12

    My wife and I just watched this. We agree, Rachel is the type of attorney we would want working my case if it comes down to it. She knows her stuff.

    • @mateomyles1773
      @mateomyles1773 3 роки тому

      you probably dont give a damn but does anyone know of a way to get back into an Instagram account..?
      I somehow forgot the login password. I would love any assistance you can offer me!

  • @doctor-d-rose69
    @doctor-d-rose69 3 роки тому +8

    This was a very informative video. Great job to Hill and Ponton. I retired in 2019 and received 100% Total and Permanent, or Permanent and Total (TnP, or PnT, same term). Recent videos from different law firms and Veteran UA-camrs indicate that the VA can possibly reduce PnT ratings if the veteran decides to file another claim or file a new supplemental claim, etc. This contradicts most VA websites or advisors saying that the VA can never touch your 100% PnT rating. But back to filing new claims/supplemental claims...doing that opens the doors to the VA reviewing your entire record, even as 100% PnT. For most veterans rated 100% PnT, they're most likely not regularly seeing their VA doctors for treatment or follow up of any condition...rather, living comfortably and feeling happy to be retired. That said, the VA would see that and possibly reevaluate and then reduce your ratings because you opened up Pandora's Box. Moral of the story...be happy with your 100% PnT rating and don't file any new or supplemental claims. That few hundred extra dollars isn't worth losing thousands. From 60-100% (example only) is thousands of dollars difference. If you're going to file any new claims, let them only be education benefits or dependent status, etc.

    • @clintondrummond4301
      @clintondrummond4301 3 роки тому

      if a claim for increase is filed and an exam is conducted, the results of that most recent exam will be used for evaluations

  • @carriehaintel948
    @carriehaintel948 3 роки тому +4

    Great video! Ty helped relieved my worries with the reduction the VA wants to do with my husband.

  • @greymatter2321
    @greymatter2321 Рік тому +3

    My question is simply this, What triggers VA into thinking your claim should be reduced?

  • @jorishines1645
    @jorishines1645 3 роки тому +6

    I need to write a book on all the insanity of the past 14 years of legal battles against the V.A. that I've dealt with (and survived). I finally won my case December 2019, and the V.A. then chose to rob me of 13 years of backpay. They owe me over $150,000. They won't give it up!!

    • @HillAndPonton
      @HillAndPonton  3 роки тому

      We are very sorry to hear that you did not receive your backpay. Please feel free to give us a call at 407-537-9000 to see if we may be able to assist. Thank you.

    • @jorishines1645
      @jorishines1645 3 роки тому +1

      @@HillAndPonton well, I'm from Florida but I'm in Oregon now, visiting an old Air Force buddy. I got fed up waiting for the V.A. to do the right thing, and finally realized they wouldn't.
      Most of my paperwork is back in Titusville (FL). I was displaced multiple times during the 13 years legal battle for service connection. I've given up hope on them. And all I did was enlist.

  • @bigrod997
    @bigrod997 4 роки тому +7

    This exact same thing just happened to me. I filed for an increase for radiculopathy left lower extremity which was rated at 10% initially. I received an increase for radiculopathy left lower to 20%. In turn my ivds lower back received a proposed reduction from 40% to 20%. I don't understand how the v.a. can say yes your condition has gotten worse and you deserve an increase for what you filed for, but we are going to reduce your total disability from 50% to 40%. The lower back condition ivds is the cause of the radiculopathy. So the primary condition that causes the secondary condition is reduced but the secondary condition is increased? Makes no sense at all. My medical files from the v.a. and my private doctor all document my ongoing issue with my back. My condition has not gotten better it has gotten worse. Yet the v.a. wants to propose reduction in my compensation. I just had my c&p exam two weeks ago. I received my decision letter yesterday. My rating right now is still at 50% but if the proposed reduction takes place I am down to 40% even though through my medical exams and medical documentation shows ongoing and worsening symptoms for my back.

    • @joe_zeay
      @joe_zeay 3 роки тому

      Stick with 50% and dont push it further. Lay low

    • @nelsonwalters5699
      @nelsonwalters5699 3 роки тому

      This exact same thing just happened to me I put in for an increase for my back and they sent me a proposal for decrease which I dont understand. What advice do yall have for me going forward ?? Im thinking of requesting a hearing bc I do have new evidence that supports my claim.

    • @bigrod997
      @bigrod997 3 роки тому +1

      @@nelsonwalters5699 Hopefully you are working with a advocate. Never fight the V.A. alone. Request a hearing and also gather all your medical evidence that supports your claim. As long as you have evidence that supports what you are claiming they cannot reduce your rating. Good luck

    • @nelsonwalters5699
      @nelsonwalters5699 3 роки тому

      @@bigrod997much appreciated

    • @nelsonwalters5699
      @nelsonwalters5699 3 роки тому

      They are only giving me 60 days and my local VSO is moving so slow bc of Covid. Up until this point I've handle all my claims I read and watch a lot of vids. I don't want to fight them alone but sometimes I feel it's the only way bc the VSO don't respond in a timely manner smh.

  • @atassaro
    @atassaro 3 роки тому +4

    I am 78 years old and I was rated this year at 80% combined, 70% PTSD, 10% Tinnitus and 10% Ischemic heart disease. I want to file a claim for migraines but I'm afraid that if I rock the boat, will that cause the VA to reconsider my other claims. Is my fear justified? Also, is there an age cutoff at which benefits cannot be reduced? I've heard that once you're over 55 they tend to leave you alone.

    • @Peter-fm2vx
      @Peter-fm2vx 3 роки тому +1

      Please want an answer too to this.

    • @Cbegnaud
      @Cbegnaud 2 роки тому

      From my review of CFRs age is not a factor in ratings

    • @nolebloodedfarmer7445
      @nolebloodedfarmer7445 2 роки тому +1

      I would use migraines as a secondary connection to ptsd and another one as tinnitus to make them disprove both and already established service connection. There in up to va to decide if its due to tinnitus or ptsd as you and me would have no clue just know it is highly likely due to one or the other. But that is my opinion on it due to the va being an absolute terrorist organization.

  • @sittingindetroit9204
    @sittingindetroit9204 3 роки тому +3

    Part of my problem was that I would have 33% good days and 67% bad days so if my appointment was on a good day, they would start to say that "it isn't that bad". I now have "permanent" status so it is no longer an issue. Cost me a lot of time and money to get this done.

    • @HillAndPonton
      @HillAndPonton  3 роки тому

      Many Veterans find themselves in a similar type of situation. We are glad you were able to receive your rightful benefits. I have linked another video here about C&P exams for anyone who may be in this type of situation ua-cam.com/video/PjpMS_2fZWI/v-deo.html

    • @chelebowns8078
      @chelebowns8078 3 роки тому

      The bad part for me was c&p exam on a decent day. They gave me two exams within 1 year, 6 mos apart

    • @sittingindetroit9204
      @sittingindetroit9204 3 роки тому +2

      @@chelebowns8078 The ironic part was on my bad days, I would have to cancel my appointments.

    • @chelebowns8078
      @chelebowns8078 3 роки тому

      @@sittingindetroit9204 I get that,

  • @BigLfactz
    @BigLfactz 4 роки тому +4

    Do all vets get a proposal for a rate production or it random?

  • @TerrydeAlaska
    @TerrydeAlaska 2 роки тому +2

    If you're over 65 and P & T will they still look at reducing you? I know they can but once you reach that level I thought they have a higher burden of proof to start with before they can recommend to reduce.

  • @Mr.conserv
    @Mr.conserv 4 роки тому +5

    Is there a time limit that your permanently disabled? For example, if you’ve been rated at 50% for 5 years, do they keep calling you in for c&p exams for the remainder of your life? Or is there a certain point where the va sees the condition as permanent?

    • @zyrover
      @zyrover 3 роки тому

      Very good question.

  • @nate2091
    @nate2091 2 роки тому +1

    If your going to treatment for ptsd of your own volition, and their trying to diagnose you after your already service connected should we as veterans be concerned of reductions.
    Been service connected for 8 years no reevaluations .

  • @blackrhino9399
    @blackrhino9399 2 роки тому +1

    You all just identified a huge problem in ratings. Examiners are NOT reviewing the entire file (too big) and submitting ill-informed decisions. My c&p examiner found that i was pending reduction because prior examiner did not review my entire file prior to submitting their decision. prior examiner reviewed an 11 year old medical examination and completely missed 2 surgeries that happened in the past 6 years.

  • @VictorVail702
    @VictorVail702 2 роки тому +1

    Quick Question; In 2005 the VA in NC misdiagnosed me with HIV. Ever since then, that alone gave me even more PTSD. (Second opinion from the State it came back Negative.) Fast Forward-I made at least one yearly exam. Covid hit, and I stopped going. The question is, if you don’t use the VA, is that a position they could take for a rating reduction? Thank you and God Bless. 🇺🇸🦅

  • @nexusgamering
    @nexusgamering 3 роки тому

    I understand that if you request a hearing and you lose the case; the individual will have to pay $$ back to the start of the hearing was requested.

  • @thunderrigos3631
    @thunderrigos3631 2 роки тому +1

    Thank you for the very informative video. My question is can the VA reduce my rating if my doctor has me sign a refuse treatment form. I can take certain pills they give me because i have bad reactions to them and he wants to try a higher dose in the form of injections instead. And i refuse them for fear of stronger reactions.

  • @denisdegamon8224
    @denisdegamon8224 2 роки тому

    I have a quesion. I had my disabilty rating increased to 50% over five years ago ( my original claim goes back about to 2005) and was at 30%)
    . Due to my tinnitus and serious leftf knee needing a total replacement. Both sre service connected. My right knee was then connected to my left at 10% since my walking was damaging my right.
    I filed an increase and had a re- evaluation about five months ago.
    The Va had a series of xrays, diagnostic specilists as well as the Houston Clinic that said my right knee is very bab and also needs to be replsced. They denied an increase although the past three years show a marked deterioration to my right knee a d jept me at 50%.
    I thonk I need a lawyer.
    I was also afraid that if I let them replace my left knee, they will try and reduce my disability. Those joint replacement have limitation a d don't last but 15 years or so.
    I need some assistance.

  • @williamd8886
    @williamd8886 4 роки тому +4

    Great Video, very informative. In your experience, can you advise? I just received Total and Permanent TDIU and I am 61 years old. I am unable to work in any capacity. Should I always be worried that I may receive a letter from the VA wanting to reduce my TDIU status? Thank you

    • @tommarinevet
      @tommarinevet 4 роки тому +4

      They have to have proof. If you go back to work, yes! if not, no...unless your conditions improve but the VA has to prove it.

    • @nolebloodedfarmer7445
      @nolebloodedfarmer7445 2 роки тому

      from what a vso told me, typically that should be when you are ready to work again, however you dont wanna make over poverty $$$ as work. Passive income should be ok.

  • @bowennarrose
    @bowennarrose 2 роки тому

    What is a compensation service case review? post service connection.
    Almost Zero locatable info on this.

  • @4700_Dk
    @4700_Dk 3 роки тому +4

    Hi, I received my C file with the VA code sheet. It says “No future exams.” What is that all about ? Is it because I’m 58? Thanks

    • @soonermodels1173
      @soonermodels1173 3 роки тому +2

      Means your conditions dont expect to improve..and they wont schedule you anymore exams...they are considered as "static"....im in the same situation.

    • @JohnB-dr8sk
      @JohnB-dr8sk 3 роки тому

      Static means permanent- so a good thing

  • @shanehayes9349
    @shanehayes9349 Рік тому

    My VSO told me if I request a hearing and let’s say 12 months later the VA ultimately reduces my rating that I would end up having to pay the difference back. I’m at 100% and they’re trying to reduce me to 90%. He said I would owe back around 25k if they deny my evidence. Is this true or a bunch of crap? I’m very stressed. 😢

  • @duracello.1618
    @duracello.1618 4 роки тому +1

    I recieved noticed of a 30% reduction because they claim my pseudofolliculitis (razor bumps) has improved d3spite Not being evaluated in 2 years, i submitted my statement in the allotted time and told them because of covid, i can not be seen in person and i asked for an extensio, they said my request was recieve in time, but they didnt process it in time? Thats not my fault.. what do i do now?

  • @richb1938
    @richb1938 2 роки тому

    If you are true to your claims and feel comfortable about your injuries, why would you be afraid to “take the leap” and file a new claim. I feel confident that all my ratings are true and accurate. Therefore, I have no fear or reservations to file a new claim and continue to stand by my previous claims. I have been out of the military for over a decade and I have constantly seen the doctors in an attempt to get better. I know it’s a scary situation, but your benefits are due you. They’re not supposed to review any ratings not related to your newly filed claims. But, I wouldn’t bet on it. Be strong and stand up for what’s rightfully yours. I understand your point, but we should not have to live in fear. Good luck in your retirement, and may you enjoy your benefits, because you earned them.

  • @philmorgan6725
    @philmorgan6725 2 роки тому

    I file for earlier effective date it went to board judge who remanded it back to be corrected and judge stated after the correction it should go in my favor .the rater denied it Again and closed my appeal. It shows I no longer have a appeal why was it not sent back to judge to make final decision?

  • @johnthomas6224
    @johnthomas6224 4 роки тому +3

    This is nice to hear for me I have nerve damage an major depression from service they dropped my rating on the grounds I tried to find a job when I got out.i couldn’t hold up the work due to body parts giving out randomly an I would be fired for it. (90 to 70) Is that legal?

    • @unnamedexodus3902
      @unnamedexodus3902 3 роки тому

      Were you not able to appeal it?

    • @phoenixghost1099
      @phoenixghost1099 3 роки тому

      @@unnamedexodus3902 appeals take 3-5 years.

    • @JohnB-dr8sk
      @JohnB-dr8sk 3 роки тому

      If you were dumb enough not to challenge it then yes, they can certainly reduce you.

  • @savfam09
    @savfam09 4 роки тому +2

    Can you appeal a decision for a reduction even if doesn’t change your overall rating?

    • @tommarinevet
      @tommarinevet 4 роки тому +1

      YES! You can appeal any decision

    • @spyxxx566
      @spyxxx566 4 роки тому

      @@tommarinevet yes. but don't think they'll approve it

    • @There-is-no-place-like-home
      @There-is-no-place-like-home 4 роки тому

      According to the UA-cam channels reading comments as well you can appeal the decision if you do not agree....

    • @James-qz5ny
      @James-qz5ny 3 місяці тому

      They don't tell you that you got reduced if it doesn't change your rating its a sneak attack the vbab I s corrupt , back stabbing criminal organization I wish I never served these horrible lying back stabbers

  • @chadhawkins3300
    @chadhawkins3300 3 роки тому +3

    What if the VA just made me 100% p&t last month and then 2 weeks later one of the supplemental claims that were open they are now trying to reduce it which would make me 90% all over an error with the nexus of the supplemental claim ? Thank you for your time

  • @arthurbrown2571
    @arthurbrown2571 2 роки тому

    My asthmatic condition of 30% was reduced after 40 years after fileing for sleep apnea With a cpap evidence which is 50% stand alone, but the two were combined as one at 50% also bilateral plantar fasciitis was grantedl at 30% for a 70% total is this correct?

  • @nolebloodedfarmer7445
    @nolebloodedfarmer7445 2 роки тому +1

    I am curious if there has been any cases that has had a veteran have adverse life choices due to the stupidity of some random person working at the VA ego who thinks a veteran is ok/normal when clearly they have issues connected to the service they provided the country. Also how best to go after said idiot within the VA who thinks being shady is the best course of action.

  • @healingleafwave6963
    @healingleafwave6963 4 роки тому +3

    Im to depressed to care to go to appointments im tired of them being up my ass

  • @Cbegnaud
    @Cbegnaud 2 роки тому

    So I had a stabilized rating for lower back had 40% for over 7 or so years , had one c and p and lowered to 20% but secondary rating for depression from 50 to 70% which is second to lower back. If lower back was kept at 40 I would have had 100% but because I was scared of loosing 90 I never argued. 😔 so could I go after a CUE

  • @charliemountain82
    @charliemountain82 3 роки тому

    "60 days". Unless they tell you they mailed it 2 weeks before they actually did.
    Does it matter if they put the *WRONG WAR* on your letter?
    Miss an appointment due to COVID?
    Maybe you didn't feel comfortable giving information out to the random LLC that does the appointment, which is different every time, and calls from an unknown number.
    They don't tell you they'll extort you *before you miss it.
    No.
    They wait until that late letter with the wrong war on it gets there, then they say you can have 30 days...minus of course the 2 weeks you waited for that letter with the wrong war on it to get there. How is this possibly legal?

    • @HillAndPonton
      @HillAndPonton  3 роки тому

      Hi Charlie, we are sorry to hear that this happened to you. You would need to contact the VA directly to speak with them about this mistake that occurred. We hope that you are able to get it straightened out.

    • @LowVlogDrives
      @LowVlogDrives 3 роки тому

      That happened to me too. I just got the letter today but the date on the letter says aug3

  • @abelandrade8603
    @abelandrade8603 3 роки тому +1

    If I am 100 percent can they reduce mine

  • @markwilliams205
    @markwilliams205 2 роки тому

    If someone has a 70% static mental health condition that finally starts to improve with medication, will the VA re-evaluate or potentially reduce based off of this improvement, even though it is considered static and has been in effect for 7 years?

    • @irwinsailas5610
      @irwinsailas5610 2 роки тому

      How do I know my 70% ptsd is static? I need help where to find that!

  • @rocio292
    @rocio292 4 роки тому

    How do you obtain medical records specific and relevant in support to your appeal the quicker possible? I was told it can take a year

    • @meredithhpmoderator713
      @meredithhpmoderator713 4 роки тому

      It would be best to contact your local VA. If you need help, please consult a Veteran's Service Officer or Veteran's Advocacy Group. Thank you.

  • @toddie4usa1
    @toddie4usa1 2 роки тому

    Hello how do I contact you about am issue I need legal help with?

  • @satibeth2509
    @satibeth2509 3 роки тому

    Does anyone know what to do if the condition that the VA has proposed reduction is not correct ie wrong name etc. I have a single condition that I was medically retired at 100% (lungs) which the VA has been calling asthma for 6 years now, however that is not my condition in it’s entirety and Must also mean the rating criteria they are using is incorrect. I have told every person on the planet it seems and I watch every doctor write something, and add alllll the additional organs now effected, to no avail. One c&p pulmonologist actually ripped the exam paper in half and said he couldn’t do the exam which I appreciated but did nothing apparently because 30 days later my My hearing was scheduled.

  • @rodtaylor62
    @rodtaylor62 4 роки тому +3

    They reduced my ptsd

    • @oscarmosca1234
      @oscarmosca1234 3 роки тому

      can you elaborate?

    • @sarahpruett4803
      @sarahpruett4803 3 роки тому

      Did you fight it

    • @zyrover
      @zyrover 3 роки тому

      They reduced my PTSD from 70 to 30 percent.

    • @oscarmosca1234
      @oscarmosca1234 3 роки тому

      @@zyrover what was the reasin for the reduction? Did u get better? Or do you think the reduction was not fair

    • @zyrover
      @zyrover 3 роки тому +1

      @@oscarmosca1234, in '18 I got an eval that lasted about 10 minutes. I guess the evaluator determined I was better. However, I am not.

  • @mizzmia4407
    @mizzmia4407 2 роки тому

    So they just randomly review ratings and send you for c&p? Any time?

    • @James-qz5ny
      @James-qz5ny 3 місяці тому +1

      Yes even if your p&t

  • @Mr.conserv
    @Mr.conserv 4 роки тому

    Can you get disability for gynecomastia? Even if you got it removed? It was just in side of my chest.

  • @nolebloodedfarmer7445
    @nolebloodedfarmer7445 2 роки тому

    I really dont get the 60 days .... when it takes an average of 15 months to even be seen. Hell aurora va still wont even see me due to me being straight.

  • @Newjack562
    @Newjack562 4 роки тому +2

    I received a letter from the VA for a "Predetermination Hearing" to reduce my benefits from 90% to 80%. I'm having trouble finding an attorney that will help me, I've been told they can't help because i'm working full time. Can you help me fight this?

    • @johnthomas6224
      @johnthomas6224 4 роки тому

      I feel ya I got bumped down just when I got out. It’s rough finding help.

    • @jaymarkmacaranas1389
      @jaymarkmacaranas1389 4 роки тому

      John Thomas why did you get bumped down?

    • @Adam-om9hu
      @Adam-om9hu 3 роки тому +1

      The VA littarly wants Veterans to live in poverty and be controlled by the government. You sustained injuries while serving the country, but they love to argue that you have a job and are doing something for yourself, instead of sitting on your ass. That doesn't mean your physically better.
      I'm sorry but being a younger person, I'm 32 years old. 100% would put me at just 3k a month. Well I make more than that working and have 3 kids.
      I can't survive off of 3k a month, so why punish me for not wanting to sit on my ass all day.

  • @bumpcity9794
    @bumpcity9794 4 роки тому +2

    Can a 70% “static” for PTSD ever be reduced?

    • @soonermodels1173
      @soonermodels1173 3 роки тому

      I dont think so...they dont scedule u examines..but i would still go to appts...etc

    • @oscarmosca1234
      @oscarmosca1234 3 роки тому

      How do u know its static? Where does it say?

    • @bumpcity9794
      @bumpcity9794 3 роки тому

      @@oscarmosca1234
      Go to the same place you filed a claim, ask an agent to make a copy of your disability rating, it should say on there if it’s “static”.

    • @oscarmosca1234
      @oscarmosca1234 3 роки тому +2

      @@bumpcity9794 ok. But i ended up filinh on line. Not really sure who filed my claim but it says veterans of foreign wars. I have never seen the actual person. But i will call the va. Also i have a deffered claim so i guess im still not finished. I will do sime research

  • @nets6725
    @nets6725 4 роки тому +2

    Yes just got letter reduce my Va benefits rating on April 1st 2020 before the Pandemic . I cant file claim before 60 days deadline due to Va is restricted. My Cp exam lied and stated i said my conditions has improve. Smh Help

    • @meredithhpmoderator713
      @meredithhpmoderator713 4 роки тому

      Please feel free to give our office a call at 386-257-2100 to see if we may be able to assist. Thank you.

    • @spyxxx566
      @spyxxx566 4 роки тому

      😮

    • @unnamedexodus3902
      @unnamedexodus3902 3 роки тому

      Can you tell us what you did? I'm worried about losing my benefits down the road.

  • @bvrlbeal
    @bvrlbeal 3 роки тому

    W

  • @ronsellew5696
    @ronsellew5696 2 роки тому +1

    If the V A drops your rating from 100% to 90 or lower does your wife lose her Champ V A Benefits?