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Need Advice On My Soc. Va Pulling A Fast One?

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jecsb4

Question

I Received my Statement of the Case (SOC) from my NOD

I received the VARO SOC stemming from my NOD and need some help. First, my background; I previously was awarded a total of 30% disability for the following:

10% for left foot hammertoes / bunions

10% right foot hammertoes / bunions

0% bilateral pes planus (flat feet) with plantar fasciitis

10% severed wrist ligament

In my NOD, I appealed the 0% for my feet as they are a big problem. I have doctors notes stating that I am disabled and can only have a desk job which has effected my employment.

Anyway, the VARO decided to INCREASE my feet condition from 0% to 30%. In reality, I meet the specifications for 50%.

MY QUESTIONS ARE THIS:

1. In the SOC, the VA in granting 30% for my feet, the very last sentence in bold font is typed “This is a partial grant of benefits sought on appeal”. What does this mean?????? Are they pulling a fast one over on me? Does this mean they can take this away and reduce it? Are they trying to discourage me form filling out a Form 9? Are they saying that they will take this away?

2. With VA math, does that me I am now 48.97% disabled?

3. Should I file a form 9, or give in? MY So have been a total waste. I am the only reason, along with HADIT that I was initially awarded 30% and now it look like an increase from 0% to 30% for my feet.

4. What are the procedures? I know you have only 60 days. Can you withdraw a Form 9 after you file if you change your mind?

5. If I file a Form 9, can VA REDUCE my disability percentages?

Thank you All!

Joe

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  • HadIt.com Elder

Rather than repeat the same question that was asked earlier it would be far better to just add another comment to the existing thread. Even just "bump" would be better. I am not singling this post out cause it is the third one I have seen today. When people answer your post and than you start it over again it is confusing.

Even if you just edit and don't change a thing the thread will pop up in the New Posts so more will see.

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Pete53,

Ok, my mistake or as they say today, "my bad". I guess I am really anxious and I am trying to get some answers to my questions. MY SO is a joke!

JC

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  • HadIt.com Elder

If your SO is a joke change SO's before you appeal. It used to be that once you appeal it is very hard to change SO's. Maybe someone else has more recent experience with this than me.

I think that statement they made just refers to the fact that you or your So had requested a higher rating and the made a partial award of that original request.

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  • HadIt.com Elder

JC:

Sorry I should have just let you know privately but you are not the only one doing this. I was a little more cranky than usual cause we had lost a kitty cat but found him later.

Hoppy is right change your SO. It can be a little tricky so make sure you have one who will help you first.

I know its a pain in the butt but a bad SO is not going to be of any help.

Good Luck

Pete

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