So does that mean this is an RPG?
http://payday.wikia.com/wiki/Upgrades#Upgrade_trees
As I gain experience in the Assault tree, the damage/accuracy/reload times of my guns improve. It's certainly an RPG element, but I wouldn't classify a game as being an RPG because it has said elements.
If you remove all of the RPG elements, then how can you justify calling it a RPG? All that's left is an Action game with a fancy RPG label on the box. TES hasn't gotten that far.......yet, but it's definitely moving in that direction.
Stats alone don't make an RPG out of a game, and decisions that are not made based on the character's background, skill set, and viewpoint aren't roleplaying, unless you're roleplaying yourself. You can roleplay in an action game, but that doesn't necessarily make it a RPG. When the game gives you little or no feedback to support your character, and all that's left is how well you move the controls, then it's an Action game, with or without a few trace RPG elements.
Early TES games (I-III) were a blend of RP and Action, but the RP elements took a back seat in Oblivion with the removal of spell failure, the removal of missed attacks, "always succeed" alchemy, and mini-games in place of speechcraft and lockpicking skill checks. There were a few places where the character's stats were "under-used", such as having no possibility to even attempt a spell that's 1 point above your 25-point skill band, but having a 100% chance to cast it as soon as you gained that one point, or by triggering the next "autoperk", whether it made sense for your character or not. Weapon skills served mainly to boost damage, rather than making the character fight BETTER. A complete novice at melee combat fought just about identically to a master swordsman, except for the damage and a few Perk-granted special moves, so it really didn't give the sense of improvement outside of the numbers getting bigger. To me, that's a poor excuse for a Roleplaying element, but typical for an Action game.