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Usmc7319105

Seaman
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Everything posted by Usmc7319105

  1. I filed a NOD for an increase in rating for seizures and because I thought I was no longer rated for tinnitus 10%. The reason I thought I was no longer rated was because it did not show up on my last rating decision. I received a letter (2/22/2010) today saying We are not accepting your NOD on tinnitus for the following reasons. You have continuously been service nconnected for tinnitus at the 10% effective May 1, 2005 and have not filed an increase on this issue. That is correct and I didn't file for an increase. I just thought I was not rated for this anymore because it didn't show up on my last rating decision. I'm currently rated 30% MIgraines, 20% Seizure disorder, 10% Tinnitus for a total of 50% disability. My NOD was simple and to the point. I had a simple letter disputing two items and included all the civilian neurologists medical documents for my seizure disorder. I figured this may speed up the process if the DRO doesnt have to do any leg work. Did I receive this letter quickly or is this standard to review a claim that quickly? I'm assuming they open the letter and scan it for any errors or something. I was not expecting to hear anything for several months. Lasi Friday (2/19/2010) I received the standard letter saying they received my application for benefits. However we have a great number of claims and yours may be delayed. Then on Monday I get a letter with proof that someone looked at my claim......seems strange.
  2. 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
  3. 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
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