compensation RFE

RUBENG

Registered Member
#1
MY CLAIM WAS CLOSED BUT THE OPEN A NEW CLAIM AND IT SAYS UNDER REVIEW OF MY 40PERCENT LUMBAR ANKILOSIS SPONDILITIS AND MY CERVICAL 30 PERCENT SPONDILITYS ANYBODY KNOW WHAT RFE STANDS FOR AND WHY THEY WANT TO REVIEW AND EXISTING CONDITION THAT ALREADY HAVE A PERCENT?
 

Camp P Marine

PEB Forum Veteran
Registered Member
#2
routine future exam


"Request a review examination whenever

there is a need to verify either the continued existence or the current severity of a disability
it is likely that a disability has improved
evidence indicates there has been a material change in a disability
the current rating may be incorrect, or
it is otherwise required by the regulation or diagnostic code (DC) under which the Veteran is service connected."
 

chaplaincharlie

PEB Forum Veteran
Registered Member
#3
Like DoD the VA has both temporary rating (like TDRL) and permanent rating (like PDRL). A temporary rating is subject to reevaluation.
 

poolrulz

Registered Member
#4
I just received notification that I have an RFE for my lumbosacral spine strain and degenerative disc disease. I have had a 40% rating since 2009, why an RFE now? Almost 10 years later? I figured that the they know when something is "degenerative" it doesnt get better. It was filed as a new claim the same day they finalized my compensation for my shoulder. I know in the last C&P exam the examiner said I showed signs of improvement even though it lasted all of 5 minutes and I happened to be on pain meds.

What should I expect? New Xrays? A DBQ? Are they trying to lower my rating? Because my back has definitely not gotten better. Will it be based on my ROM?

If they schedule me for Xrays, can I request an MRI? I know the Xrays dont show everything.

Im just concerned that they are trying to reduce my rating. I havent been to a VA doc for my back specifically in a few years now, but I work, go to school, and have kids, so I manage my pain myself with OTC meds, heat wraps, compresses, rest and ointments.

Any advice woild be great! Thanks
 

oddpedestrian

PEB Forum Veteran
Registered Member
#5
They are trying to reduce back, mental health and migraines are the leading conditions that get reduced. Its all based off of ROM I strongly advised you to read 38 CFR on what degrees correspond with the percentage rating the raters go by it religiously.
I just received notification that I have an RFE for my lumbosacral spine strain and degenerative disc disease. I have had a 40% rating since 2009, why an RFE now? Almost 10 years later? I figured that the they know when something is "degenerative" it doesnt get better. It was filed as a new claim the same day they finalized my compensation for my shoulder. I know in the last C&P exam the examiner said I showed signs of improvement even though it lasted all of 5 minutes and I happened to be on pain meds.

What should I expect? New Xrays? A DBQ? Are they trying to lower my rating? Because my back has definitely not gotten better. Will it be based on my ROM?

If they schedule me for Xrays, can I request an MRI? I know the Xrays dont show everything.

Im just concerned that they are trying to reduce my rating. I havent been to a VA doc for my back specifically in a few years now, but I work, go to school, and have kids, so I manage my pain myself with OTC meds, heat wraps, compresses, rest and ointments.

Any advice woild be great! Thanks
 

Camp P Marine

PEB Forum Veteran
Registered Member
#6
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.
 
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