On another note, I have another friend who exited the service with a minimal disability rating (30% I believe) due to "degenerative discs" in his back caused by various abuses while serving. He recently received mail from the VA downgrading his rating to 10%.
My question is... if it was diagnosed as "degenerative" then WHY was it downgraded? Doesn't degenerative, by definition, mean that the situation gets WORSE over time?
I told this to my other friend (from my original post) and he promptly cancelled his scheduled appointment with the VA doctors in DC because he is now afraid he will get downgraded even though he see doctors on the regular and is in physical therapy once a week for pain management!
I'm not a qualified NSO assistance officer in any regard, so that's the first thing I would tell your friend: get a relationship going with any of the NSO like DAV, AMVETS, etc. They can best assist. You can find the list of approved NSO here:
https://www.va.gov/vso/ ; download the pdf.
I would NOT speak to a VA rep until seen and advised by one of the NSO reps.
Strictly personal opinion follows....
My sense (not fact) is that the downgrade letters are meant to keep vets for going back to increase their rating; that it serves as a threat b/c going in for other issues can (does?) entail a review of any previous rating/condition. A close relative of mine was rated at 90% and had the documentation to get fully 100% rated due to serious life-threatening injuries/conditions (to include TBI) incurred in AFG but resisted doing so (and gaining benefits due him) b/c he feared the eventual result would be a downgrade rather than an increase. Nothing I could say could persuade him to do otherwise. Interestingly, that was several years ago and the downgrade never took place. So it's confusing.
WRT your friend's back (degenerative discs) I had a similar issue as a result of airborne stuff (hard landings and all that). That condition was downgraded until I had to go in for an essentially full spine fusion; at which point the rating went back up. Apparently, surgery trumps x-rays (in other words, surgery showed the problem WAS serious whereas an xray and some discomfort only showed that it MIGHT be serious and get worse).
Who knows? Anyway, best advice, I think, is to see an NSO rep (or as many as necessary for him to feel comfortable and trusting enough of the people he's going to deal with), sign a power of attorney to let the NSO take control of his case, and let slip the dogs of war. Doing it alone wrt the VA is risky business; doing it with the help of an NSO significantly increases his chances of being treated fairly. And it's free (unless he's so thrilled with the help that he decides to join up, etc. I support DAV, AMVETS, and several other NSO).
I would also take advantage of state VA dept reps. They are paid to help in all senses of the word and don't pry. I found the local state office I used very beneficial in figuring out the best NSO and their advice helped me understand the strategy the NSO used to advance my case. Which made me a heck of a lot more comfortable during an otherwise really stressful period.
There is quite a bit of gaming going on in the process (for whatever reason) so trying to do it alone means the deck is absolutely stacked against the vet.
FWIW. Hope to have helped in some small way. Cheers!
---End of line (MCP)
I imagine there is a percentage of disability to be eligible, I wonder what it is or did I miss it?
