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I am looking for a way or contacts to get the VA OIG to open an investigation in to rating reductions. I will be mailing this to my U.S. Representatives and any media organization I can get to listen.
Below is the letter and statistics from the BVA Decision Website that is proof of rating reductions are being done with out observance to the law.
August 14, 2019
Re: Unwarranted Reexaminations leads to Improper Disability Rating Reductions for Stabilized Ratings under CFR 3.344 (a) and (b)
I write this letter with some concern of retaliation from the Veterans Administration. While researching a rating reduction on my VA disability claim I found statistically significant data that nearly 70% of all rating reductions are not made in accordance with CFR 3.344(a) and (b) for stabilized ratings. Trending towards 80% for 2019. The data is easily verifiable on the public facing web site for Board of Veterans Appeals (BVA) decisions with some simple queries.
In July 2018, the VA Office of Inspector General (OIG) released a report entitled “Unwarranted Medical Reexaminations for Disability Benefits”. I quote a key statement from that report:
”The reexaminations resulted in proposed benefit reductions for about 3,700 veterans. After the review period, these proposed reductions remained subject to a final decision and an appeal process; therefore, the review team did not make a determination on whether these reductions were justified.”
I felt I was harmed by these unwarranted exams which led to improper unjustified rating reductions for my claim. But what I didn’t know was how many other Veterans were also affected by improper rating reductions until I began querying BVA decisions. The BVA, through it’s decisions, has confirmed the Regional Office must comply with CFR 38 CFR §3.344 (a) and (b) for Stabilized Ratings the same way it should have been complying with 38 CFR §3.327 for Reexaminations for Stabilized Ratings. A Stabilized Rating is one that has been in effect for more than 5 years. Unfortunately the BVA data reflects the Regional Office has continued the same improper strategy to reduce veterans benefits for many years now. The BVA considers these rating decisions to be improper, made with out observance to the law for stabilized ratings under 38 CFR §3.344 and void ab intio, but only if appealed. The VA gets away with these illegal reductions it if the veteran does not appeal. Please help stop this malfeasance.
In many cases these improper individual rating reductions are made when the overall compensation is not reduced and due process is not required. The veteran may never appeals the individual rating because he or she is afraid and intimidated his overall compensation will be reduced or eliminated with a 5 year wait for the BVA to correct the error. I personally do not believe an 80% error rate is a mistake by the Regional Office. I contend it is a illegal strategy to defraud veterans of their hard earned benefits. I therefore respectively request my U.S. Senators and U.S. Representative to request an VA OIG investigation into the improper and illegal reduction in individual disability ratings for stabilized ratings under 38 CFR §3.344.
BVA STATS for 38 C.F.R 3.344 – Stabilized Ratings
Total BVA Decisions for the past five years.
Total BVA Decisions where 38 C.F.R. 3.344 was applied.
Percentage of Total Appeals where 3.344 was applied.
Improper Reductions for Stabilized Ratings
Query: (3.344 AND “was improper” AND “void ab initio”)
Query: (3.344 AND “was not proper” AND “void ab initio”)
Query: (3.344 AND “was not proper”) NOT (void,ab,initio)
Query: (3.344 AND “was improper”) NOT (void,ab,initio)
Regional Office Improper Reductions for 5 year Stabilized Ratings.
Regional Office Error rate for 5 year Stabilized ratings.
Total proper reductions
Query:(3.344 NOT “was not proper” NOT “was improper” NOT “void ab initio”)
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I am looking for a way or contacts to get the VA OIG to open an investigation in to rating reductions. I will be mailing this to my U.S. Representatives and any media organization I can get to listen. Below is the letter and statistics from the BVA Decision Website that is proof of rating reducti...