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    • Attorney Telephone Consultation
      Had bad vibes from an attorney today while seeking someone to help me with my claims.. Bad Vibe#1.;  Was given a date and time that we would have the phone consultation, and he was 45 minutes late calling me. If I am NOT important enough for him to be PUNCTUAL at the beginning of our dealings, I'm thinking it will only get worse after I sign the contract allowing him to represent me.   Bad Vibe #2; I ALWAYS like to meet someone face to face before I decide to use their services. Wanting to do it by phone seems too impersonal, and made me seem insignificant. Plus, I like to get a read on somebody by their facial expressions and body language.     Bad Vibe #3; 2. He is telling me he is sure he can get me at least 70% and TDIU for my PTSD that was granted but not service connected. Told me he has great doctors to file an IMO, and get my rating service connected and and at a ratable 70% disability. He isn't God, and has no idea what's in my C-File, and to tell me this, scares me.   Bad Vibe #4; 3. Cost His charge will be 30% of award of compensation. He also said I would have to pay a cost for IMO of $2000.00. I said "Why do you charge 30%?" He said, "Because I am worth it."   He's mailing the contract  for my signature. Something tells me it will have disclaimers, hidden fees, and a lot of stuff that will really be bad. Currently the VA  granted a 1151 claim based on negligence, for anxiety and depression @ 50%. I have two more open claims. One is 1151 for spine, the other is tinnitus/hearing loss. Checked Ebenefits and  the decision letter on the tinnitus/hearing is in the mail I didn't see a new disability added, so it must be a denial letter. So.... they going to deny a tinnitus claim by a person that worked on 671 Detroit Diesels as a mechanic for almost two years?   The attorney seemed disinterested in the spine, and other claims. I told him the spine claim has been deferred, and he asked if the VA has done a C&P for my spine. I told him, no. Attorney told me he'll file a NOD on the PTSD non-service connection, and get a copy of my C-File. Seemed to me that is where he is focused , on the PTSD. I don't know why.   I'm near Orlando. Any suggestions/recommendations for a law firm besides Hill and Ponton?  
    • PTSD Claim update
      So checked Eben and it says ready for decision. Let's see what happens hopefully it doesnt stay at rfd for to long. 
    • Missing Conditions
      It sounds like you will need to file a NOD...but first can you scan and attach the decision here as to their Reasons and Bases part and the Evidence list? Don't forget they will subtract the 30% you got in the past from the 50 % rating you have now, back to the EED of the 50%. Cover C file #, name etc prior to scanning it.      
    • Should I file a CUE or leave NOD in place?
      The veteran obviously had allergies in service that can lead to asthma, and the vet has been SCed for that They denied in 1986  because the asthma is due to the allergies....??? with no rating given. It seems Capt English wrote that 600 when you were in the reserves. I am confused too. Did you download the recent decision that awarded the SC for the asthma? I assume it is recent (within the last year) because you filed a NOD. I just don't seem to see that decision here. We need to see how they awarded . Did you raise 38 CFR 3.156 in the NOD? Since I assume the NOD was timely filed (within one year of their award) I would suggest you also file CUE too, but maybe 38 USC 3.156 would be better way to attain a better EED. It bothers me however that there is no percentage given next to the NSC diagnostic codes,in the 1984 decision. We cant tell if the allergies/asthma was at a ratable level at that time....( at least at 10% ratable based on the VASRD at the time. 1984 decision)  
    • Feeling screwed
      How do I put pictures on here? I tried earlier and kept getting error messages 
    • Feeling screwed
      The occupational and social with occasional decrease in efficiency and intermittent periods of inability to perform occupational tasks although generally functioning satisfactorily with normal routine behavior self care and conversation.   this was based on my symptoms and losing a transfer because of them and some apprehension due to not responding to change well
    • service connection granted
      90 % rated remanded issues are Deep Vein Thrombosis(blood clots) while in hospital and basiliar skull fracture I went this morning to the RO dropped off the MRIs from the fracture and the hospital records from the doctors for the blood clots. Also have two increases pending my PTSD paperwork I handed in I was waiting this whole time to add to the paper about deploying with my memory lapses from my TBI which caused me hazing almost everyday for 8 months. I don't know when I should stop filing claims. I still haven't gotten the paperwork from the BVA just was told results from the RO and my attorney.
    • Should I file a CUE or leave NOD in place?
      Since you have a current claim it is always better to file a NOD.  A NOD and A CUE claim would garner/warrant the same benefits but a CUE claim, the veteran lose  the BOD (Benefit of Doubt) and a CUE claim can be filed at anytime but a NOD must be filed within one year of a decision.
    • Feeling screwed
      This means that VA will grant your claim but there is no way of knowing what your rating percentage will be.
    • Feeling screwed
      What is the occupational and social statement???  If we know what we can give you a better estimate of what your rating would be based on the fact that the exam already stated at least as likely as not

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SAR II

10% Rating, Should I Appeal?

7 posts in this topic

I had a meniscus tear in my left knee when I was in the Military, never recovered full range of motion in the knee, and I now have hip pain due to an altered gait. The VA documented that the knee extension is limited to 5-9 degrees, altered gate due to knee extension problem, arthritis in the left knee, bursitus in the right hip, & torn labrum on right hip. My claim was submitted without seeking help from someone familar with the process, which I suspect was a bad choice.

I received my rating letter today:

*10% for Degenerative joint disease status-post meniscus tear

*0% for Limited extension, left knee

*Deferred decision on right hip pain to include altered gait because they need additional information.

Should I appeal or is this normal for these problems?

Edited by SAR II

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The VA is not finished with your claim but I would definitely look into an appeal. The VA has a history of low balling Veterans on initial decision.

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If you feel this is inadequate for your situation then defintely appeal.

Evaluate how it impacts your ability to work & enjoy life.

You can also research what others have received for these conditions on the appeals site.

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Try to get more medical evidence and appeal. I did this for a heart condition and went from 0% to 60%. I was pretty shocked at this.I got this from a DRO. I would always try to get new evidence for an appeal or it can go against you, but not that often. So far I have got all my serious awards via appeals.

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Thanks for the responses. I didn't know what "Deferred Decision" meant & therefore didn't know that the VA wasn't finished with my claim. I wish I had visited this forum before I haphazardly submitted my claim. I thought the VA would do a thorough exam and diagnose my problems. I was wrong. The VA x-rayed my knee and hip, a physician’s assistant gve me a brief exam, and I was sent packing with an acknowledgement of a previously injured knee, limited knee extension, and altered gait. This didn't give me a warm and fuzzy, so I scheduled an appointment with my personal physician and was then referred to an Orthopedic Surgeon. Subsequent X-rays & MRI's revealed the knee arthritis, hip bursitis, & torn hip labrum in addition to the knee limited extension and altered gait. These exams were submitted to the VA, but I didn't know I needed a nexus letter till I visited this forum. I thought it was obvious that my hip problems were due to my altered gait.

Edited by SAR II

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I wish I had visited this forum before I haphazardly submitted my claim.

Just so you don't "haphazardly" submit a NOD in beginning your appeals process,

be sure to read over and fully study the Reasons and Basis and Evidence sections real good,

probably 4 or 5 times,prior to submitting anything else.

Find the DC's you are evaluated under, study WHY the percentage was awarded and WHAT

EVIDENCE is needed for a higher evaluation.

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Thanks Carlie, I'll review that thoroughly before submitting anything else.

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