Claims Past 100%

[Raven]

I recently got to 100% SC (NONE IU)- I did not get P&T- I went to the my SO rep who stated it would be hard to reduce my rating now and to give it a year, and we will try to get the VA to look at things from a P&T level

I have several 0%, one being sinus problems ( I could not believe it was rated at 0% anyway, half of my 24 year medical records was for sinus problems and even has surgery befor I retired).

I am having sinus surgury again in the morning- still have major problems- I asked the SO rep if I should file for an increase in the sinus area as a buffer to help keep my 100% in the future- he said he would not waste the effort, because it is hard to take me down anyway

So the question is- should I continue to file increase claims in the 0% areas if they get worse eventhough I am currently at 100%, none PT

Thanks :P

[Guest Jim S.]

First ask yourself how long did it take you to get to 100% with the help of this SO, how many seperate claims did you have to submit and how oftern did you end up adding new evidence for something that should have been SC for no less than 10% instead of the 0% they have given it.

Did this SO really appear to help you in earnst while working your claim?, If you have second thoughts about your SO now that you are at 100%, maybe it is time to try doing one on your own and see what happens, but first you will have to resend your SO POA and this could end your relationship with them.

If you don't, the VA will send things to him for his input instead of you, plus since you are at 100% he isn't likely to answer any VA inquireys very quickly because he has others needing his time who aren't 100% like you. but you have to look at what you consider the prose and cons of his representation for you in the past.

It's ultimately your call.

Jim S. :P

Edited February 23, 2006 by Jim S.

[john999]

Raven

You could file an NOD since you were denied Chapter 35 benefits. You have to be P&T to get Chapter 35. The good thing is by the time you get a DRO a year will probably have gone by and an award of P&T would then be retroactive to your 100% award.

[vaf]

My husband filed a claim for chronic sinus problems in 1993. It was first denied, then several years later after pursuing this up the line, he was granted service connection at 0%, and we continued to appeal right up to the Board of Veterans Appeals. Last October, the Board granted him 10% retro'd back to 1993. 12 years for 10% is still a good investment of time and energy, I think. I considered it a moral victory more than anything...

Personally, I don't trust the VA not to reduce any rating, I don't see why it would be "hard" for them to do something like that. One short and inadequate C & P exam, a couple of keystrokes, and WHAM - - you're backed into a corner with no margin for error. Then you're struggling to regain what you lost. Not a good deal.

If you have a condition that you truly believe deserves greater than a 0% rating (or have one with no rating at all), you owe it to yourself to pursue a higher rating. It's advice like that from an SO that made us realize we needed to handle our own claims. No one is going to be as invested in your case as you are, just my opinion.