How To Propose A Rating To The Va

[justrluk]

I'm trying to see if anyone has been successful in their appeal by sending a proposed resolution to the VA. This particular appeal has a claim date of 3/08. All I really want is for the VA to award the original 40% that was reduced to 20% because they said it was a pre-existing condition (it wasn't - there's nothing in my records about the condition until late in my career.)

If I'm not mistaken, Carlie posted a sample of a proposal she had either sent or was going to send stating something like: "In regards to the appeal dated MM/DD/YYYY, I will consider the appeal resolved to my satisfaction if the percentage assigned to (condition) in the decision dated MM/DD/YYYY was restored to the originally assigned percentage as this condition was not pre-existing (see evidence enclosed). I will not pursue this appeal further as I would find the assignment of 40% as originally granted as having fully satisfied this appeal".

Any opinions would be greatly appreciated.

[broncovet]

Here is the scoop on "pre existing conditions":

There is a "presumption of regularity"...in other words, you had a physical upon entrance into the military. UNLESS the doc noted some condition, you are assumed to be healthy. The doc is assumed to be competent and did his job, identifying any conditions you had. So, if they did not appear on your physical, you dont have any pre existing conditions.

You need to "call" them on this. We Vets often assume the Regional Office rating specialists know all the regulations and this is incorrect about 60 percent of the time.

While it may be too late, I would not have "shown my hand" this early. Me thinks you did this hoping it would "speed up" your appeal, and I think this is unlikely.

You always want to cite EVIDENCE, and never opinions. Of course, every Vet thinks his claim should be approved..that is a given or he would not have applied. You want to cite someone else who thinks so also, such as a doctor or a judge who made a decision in a similar case.

Look up the "presumption of regularity" and pre existing conditions and find case law to support your statements. Then cite your physical which shows no pre existing conditions.

Remember the VA will try to get away with carrying off your farm if you let them. Stop them and say, "Gee, where are you taking my farm..I have the deed to this".

[MRRRR5]

Remember the VA will try to get away with carrying off your farm if you let them. Stop them and say, "Gee, where are you taking my farm..I have the deed to this".

i totally agree...

[justrluk]

Here is the scoop on "pre existing conditions":

There is a "presumption of regularity"...in other words, you had a physical upon entrance into the military. UNLESS the doc noted some condition, you are assumed to be healthy. The doc is assumed to be competent and did his job, identifying any conditions you had. So, if they did not appear on your physical, you dont have any pre existing conditions.

You need to "call" them on this. We Vets often assume the Regional Office rating specialists know all the regulations and this is incorrect about 60 percent of the time.

While it may be too late, I would not have "shown my hand" this early. Me thinks you did this hoping it would "speed up" your appeal, and I think this is unlikely.

You always want to cite EVIDENCE, and never opinions. Of course, every Vet thinks his claim should be approved..that is a given or he would not have applied. You want to cite someone else who thinks so also, such as a doctor or a judge who made a decision in a similar case.

Look up the "presumption of regularity" and pre existing conditions and find case law to support your statements. Then cite your physical which shows no pre existing conditions.

Remember the VA will try to get away with carrying off your farm if you let them. Stop them and say, "Gee, where are you taking my farm..I have the deed to this".

broncovet -

Thanks and I ended up doing what you said. I'm trying to speed things up (have to be honest here) as this appeal is still at the VARO since 2008. I also provided a copy of the initial entry exam, which I happened to have a copy of from an earlier records request. It pays to keep just about every piece of paper you get from the gov't! I cited the statement you mentioned, plus noted there was no such condition noted in my initial enlistment in 1984, nor on my commissioning physical in 1987. Problem is, I as a guardsman, IMA, reservist in between two periods of active duty. I think this was their support for the decision to reduce based on a pre-existing condition. I stated that because of the number of active days I performed in between, physical manifestation was just as likely as not to have occurred while on duty. I've got to close this loop-hole or risk getting shot down again, so I provided a copy of my annual point summary showing the number of total days I performed some sort of active duty. To my surprise, it was quite a bit; well above the two days a month/two weeks annual training required.

Edited April 23, 2012 by justrluk