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Appealing Retro Pay Percentage

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Jimmer

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Hi Everyone, thanks for all the get info that you have provided, it has helped me, to really begin to understand the nonsense that the VA pulls on us veterans.  I have a question, and your help would be greatly appreciated.  I had filed in 2007 for SC disability on my left eye.  The VA fought this repeatedly, saying I had poor eyesight prior to joining the military (not true) to just flat out denying with vague answers(Doesn't meet the criteria for SC disability).  In October 2013 I had a BVA hearing, in which they agreed my eye problem was service connected.    I was awarded a 10% disability, which I immediately appealed.  In February  2015 I had a eye exam at the VA, and they raised the disability to 60%.  Then later in 2015 they "CUED" themselves and raised the rating to 80%.  I had felt the VA purposely "low balled" my initial award because it went back to February 2007, of seven years.  This is the kicker"  I just found the letter that I had provided to the VA from five different board certified ophthalmologists  that stated my exact vision of both my left and right eye.  Looking at the code of ratings  (CFR 4.79) my rating fell between 50% to 60%.  In other words, the VA had this information, prior to assigning me the rating, and they deliberately ignored it to come up with their measly 10%.  I felt this was done purposely to avoid paying a higher rating covering seven years.  What would be my best way to proceed?  Hire a lawyer,  File a CUE?  As I said, they had this information, (even mentioned it in one of their denial letters)  but choose to ignore it.    Thanks.

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I will add, this, however.  Some claims are remanded in part, denied in part, and awarded in part.  

You can appeal any issue that is  denied.  You need not wait for the RO to comply with the remand.  

SOURCE: NVLSP 

I actually had a 3 result Board decision where part was denied, part remanded, part awarded:  I had the NVLSP represent me, and they did, but my agreement made it clear they were ONLY representing me on the issue which was denied.   The CAVC "heard" my case and it was settled (JMR).  The CAVC also made it clear that they were only adjuticating the "final" portion, and that, if I had a dispute on the remanded portion I could only bring that issue after it was finally adjuticated.  

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broncovet, thanks for the information.    I believe the VA has made its final evaluation CUE"d me to 80% in December of 2015.   They made it retro to February 2015, when they raised my disability rating from 10% to 60%.   From February 2007 to February 2014, I was given retro at 10%.   I feel they either did not look at the vision determined by eye doctors, which showed it was at 60%, or chose to ignore it.

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