Disabled Unemployed Marine Needs Help Please!

[Usmc7319105]

I am going to give the readers digest version to my situation. I am currently receiving 30% for migraines, 20% seizures from the VA. They gave me a 50% disability rating in October of 2005. In October 2007 I had a C&P scheduled and on the drive to the appointment I was in a vehicle accident. I was unable to make the appointment that day. I called QTC and told them

what happened the same morning and they said "no problem you will get another date for another appointment in the mail". It never came. I sent the VA a certified letter in the mail in December of 2007 explaining what happened as to why I didn't make my appointment. In January of 2008 I received a letter saying

all current ratings are now 10%. In Sept 2009 I had a Letter sent to me saying "we received your certified letter, however it was never associated with your file". We are now restoring your ratings back to 50% retroactivley. I had my 2nd C&P a month later in October 2009. I told the Dr my seizures have gotten much worse. I got my findings last week saying there is no medical evidence for a rate increase in seizures. I have been seeing a civilian neurologist for years and he has Six documented tonic clonic seizures in 2009 alone. I submitted these medical documents to the VA this week with a NOD letter requesting a DRO review. I also included medical documents from my neurologist showing an increase in seizures for 2007 and 2008. I requested an increase in rating and and the date of my increase should be retroactive since the VA didn't Schedule me for a C&P in 2007 and 2008 although I requested one. They have already admitted to losing my certified letter which I asked for another appointment. Without that appointment I was unable to file a NOD for an increase. If they do increase my rating should it not go back to 2007 when I was supposed to have my appointment? Is my neurologist documenting seizures good enough evidence for an increase?

Thanks to everyone

Jason