Reconsideration vs. DRO Review vs. BVA Appeal

[syne7]

Hello,

I have a claim that is getting ready to resolve where I requested an increase and it will not be granted.  Will not be lowered, but will not be raised.  10% for Asthma.  The ratings for Asthma state 30% for daily inhaler use.  I take Symbicort 2 times a day and also meet the criteria for 60% (3 exacerbation with prednisone from 1/2016 to 5/2016). 

When this result comes back, I would like to contest it.  I have three options as I understand it:

(1) Reconsideration.
(2) DRO Review (Denovo)
(3) BVA Appeal.

My 10% rating has been established since 5/11/1997.  I just recently engaged with the VHA (9/2015) and just learned about filling for an increase (stupid me I know) so I pushed the trigger on the increase on 5/5/2016.

I am leaning toward the DRO review becuase my understanding is that the DRO review can not be worse that the claim result.  Meaning the DRO can't reduce me, they can only increase or leave me the same.  As I am approaching the 20 year mark (protected rating).  It seems like it might be better wait until 6/2017 and file a NOD/DRO Review.

Can a reconsideration reduce the decision with out a CUE?

Any thoughts? 

Since the rating standard is PFT score or medication and clearly meet the medication for 30% and 60%, I am baffled as to how I did not get increased.  However I am sure there are many such stories which how these boards even exist.

Thanks in advance for your time and help.

[Buck52]

I believe a TIMELY  NOD saves the veteran....during all appeals(except a CUE)....without it your gooses is cooked.

jmo

...............Buck

Edited August 16, 2016 by Buck52