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    • There may be no need to scan the VA overpayment letter,unless you formally filed a NOD and request of waiver for overpayment with 180 days of receipt of that letter. Overpayment waivers are not easy to get. This BVA link shows what they involve. http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp09/Files2/0916240.txt "A request for waiver of indebtedness must be made within 180 days following the date of notice of the indebtedness issue by VA to the debtor.  38 C.F.R. § 1.962(b)(2)." You said: "Well I have been talking to some people and someone screwed up somewhere.Because he had a honorable discharge and because of his income he should of gotten medical help He also had a preexisting condition from the military but they didn't look any of that up " I hope you mean you have acquired a veteran representative or VSO (or veteran's lawyer to help with the waiver ),if there is still time, and also to help with your father's potential claim for service connection.   There are very few Chapter decisions to students on overpayments at the BVA web site. There are Many hundreds of decisions regarding overpayments to  disabled veterans,in the dependency amount, after their child became a Chapter 35 student.  
    • Well it might be a process because they will have to calculate your % based on what you were S/C in 2006.  Do you remember what your S/C % was in 2006?  Also, if the contention they gave you EED doesn't change the overall % you will not get retro...
    • I just hope it's not long and drawn out.
    • My retro back in 2003 when I went from 50% to 10% to 30% combined rating at 90%  and was awared IU Using the ''Extra Schedular (b) is not in question This EED is about when I was awarded 50%  I went from a denial in 1997 to a 0% service connection in 1998   98 is when I got S.C. and 0% rating, 2000 is when I went from a 0% rating to the 50%   that's how I figured it with what records I have...However I have decision records that show the 50% dated 4 -22 -1998...the only thing that is confusing is the 2000 decision date for the 50% If the VA says it's the 2000 date and made error on the 1998 date  then my goose is cooked to a crisp. I only have one official decision rating record on the 2000 50%rating date  and I have 6 official copies of the 1998 dates that have the 50% ...?  I read some where in the CFR's that when in doubt the doubt always goes to the Veteran  it's my only chance. I am just afraid they will come back and say typo error..so who's fault would that be? and this type of error is not what they mean  with a CUE...??? I am checking my Bank records to see if I was paid retro for the 50% back in 1998...as for as I know when I was rated for the 50% It  was in 2000 and grant was stated that next month on the first of the month and I was sent the 50% check in the mail each month  because at that time I never had direct deposit set up..I did that when I got IU IN 2003. So this makes it even harder to prove with my bank records  eh!
    • Gastone I'm not sure what their meaning is? Do they mean you can appeal something that is not in the C-FILE & you have old records to show as evidence? or do they mean you can appeal something you catch that was not caught before on an old claim? like EED or a condition that should have been rated. or do they mean they committed some type of error converting the paper to visual digitized format? I have an EED issue that I am concerned with & possible errors committed in a old closed claim. I am missing some records but they're not so much important to help substantiate a claim. I have those records that are missing...so do they mean something like this....about appeals with your digitized C-File? Currently I am working on getting all this EED Issue's worked out , I have conflicting dates about EED and rather or not I was paid the correct retro back in 2003  for a 50% Increase back in 2000...2000 was the decision date on the 50% increase  but they have records dating back to 1998 I was getting 50%...to my recollection I was not...so my question to the VA is Which one of those official records are correct? did they make a typo error ?  Actually I have more records with the 1998 date than the 2000 date...win or lose I want to get this corrected...it's a challenge to me. it has a substantial amount of retro involved  if I can prove it...I figured 18 months of 50%  still owed.&possibly more?  that 50%  back then was close to 609 month and I shown not having my spouse as a dependent  which I always have added her  so the adjustment for that.  and a year of 10% for tinnitus that was not paid..they have the tinnitus a year earlier than from what I was never paid for...its complicated mess  I just need to try to figure all this sh*** out. I am working on this at present.

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navyvet

Neuropathy

17 posts in this topic

I had been rated at 10% for left foot 10% for right foot 10% for upper left leg and 10% for upper right leg.

I had the required exam that found my neuropathy had worsened . The VA changed my Rating to 20% for left foot and 20 % for right foot, however there is now no rating for left and right upper.

IS THIS STANDARD ROUTINE OF THEM ?

WHAT SHOULD I DO ?

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"I had been rated at 10% for left foot 10% for right foot 10% for upper left leg and 10% for upper right leg."

this is highly irregular, and borders on the prohibition against pyramiding. the rater who did this was incorrect. probably what happened is the next rater came along and corrected the erroneous rating. he did not take anything away from you, you are still 20 percent for each lower extremity. but on the other hand, he did not give you the increase you were seeking. bottom line, it will not do you any good to try to get back a separate rating for your lower and your upper legs. won't happen. best to go after a rating for peripheral neuropathy of the left and right upper extremities. got numbness and tingling in your hands?

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"I had been rated at 10% for left foot 10% for right foot 10% for upper left leg and 10% for upper right leg."

this is highly irregular, and borders on the prohibition against pyramiding. the rater who did this was incorrect. probably what happened is the next rater came along and corrected the erroneous rating. he did not take anything away from you, you are still 20 percent for each lower extremity. but on the other hand, he did not give you the increase you were seeking. bottom line, it will not do you any good to try to get back a separate rating for your lower and your upper legs. won't happen. best to go after a rating for peripheral neuropathy of the left and right upper extremities. got numbness and tingling in your hands?

I have numbness and tingling at times in left hand and the left leg is numb to the hip , maybe a little in left leg but definitely not as bad as the left. I had an Electromyography test about 3 months ago and dr said I had moderate neuropathy in feet . and noted some in upper but not as bad .

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see, neuropathy is rated as for incomplete paralysis of the peroneal nerve, which serves the leg below the knee. for neuropathy in the entire leg, it should be rated as for incomplete paralysis of the sciatic nerve, which serves the entire leg. but there should NEVER be two ratings for the same leg.

if you have numbness and tingling in your hands, put in a claim for neuropathy of the upper extremities.

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see, neuropathy is rated as for incomplete paralysis of the peroneal nerve, which serves the leg below the knee. for neuropathy in the entire leg, it should be rated as for incomplete paralysis of the sciatic nerve, which serves the entire leg. but there should NEVER be two ratings for the same leg.

if you have numbness and tingling in your hands, put in a claim for neuropathy of the upper extremities.

Somehow I have the feeling my SO is going to flip . I asked him why they did away with it and got the answer "thats what they decided" with no explaination....

I am on 1200 MG of gabupentin and it has helped but know that its only temporary .I dont have the strength in my left hand like I use to .

If they rule in my favor do you think they will assign disability for sciatic nerve instead of peroneal nerve damage ? I take it its different?

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if you have a VSO, ask him for a copy of the "codesheet" from your last rating. that will show what diagnostic code your neuropathy is rated under. 8521 is the coding for the peroneal nerve. 8520 is the coding for the sciatic nerve.

if you are not coded 8520 for the left leg, and you have demonstrable neuropathy in the entire leg, submit a letter asking to be rated under the 8520 coding and explain why. (the evaluations under the sciatic nerve go higher than those for the peroneal nerve). appeal if you are turned down. that is only if you can show by objective evidence that your entire leg is involved.

numbness, tingling, decreased grip strength, and loss of fine motor coordination are hallmarks of neuropathy in the hands. if you think you qualify, make the claim. it costs you nothing to ask.

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