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armyboy125

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Good evening everyone. This is my 1st time posting on this site and I wanted to thank everyone here for helping me with my disability claims. I never posted on here but gained a lot of knowledge from everyones personal experiences. I am an OIF Veteran rated at 90% schedular and paid 100% IU. I would like the form # for filing for an increase due to more pain from my headaches. I am currently rated 30% which I feel should be 50% because most of my week is spent laying in our spare bedroom away from light or sound. I would also like to apply for permanent and total but do not know the form #. If someone can give me these form numbers I would greatly appreciate it. Thank you all for your services. Without you I may never have had the chance to serve. God bless you all!

thanks,

bryan

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[original response deleted...gave wrong form info]

In that case I think you can use VA 21-4138 -- "Statement in Support of Claim" -- to file for an increase for a current disability rating. Someone correct me if I am wrong...

But since you're already at 100%, I don't think that may be wise. Just get treatment for the headaches and leave it at that.

-- John D.

Edited by cloudcroft
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Armyboy welcome home and welcome aboard Hadit. It is a wonderful community with much advice about the VA system. To claim an increase in benefits all you have to do is send your regional office a typed or hand written letter requesting the increase. Along with this you should provide any evidence of the increase in disability that you have.

The same goes for the P/T part of it. If you currently have in your possession or can get evidence that states your disability is static and no increase in recovery will occur then put your P/T request in writing and provide it along with the evidence to your regional office.

However, I must ask - If you are 90 percent with 100 percent TDIU why are you requesting an increase? The increase you have described of 30-50 will do nothing for your rating as it will only increase the total rating to around 92 percent which will still be rounded down to 90 percent. Unless you need 100 percent schedular for something such as receipt of retirement pay then I would simply let sleeping dogs stay sleeping dogs.

If you have the evidence to win/gain P/T status then by all means submit it with a request for P/T. Normally the VA will not even entertain P/T in a 100 percent claim (if not awarded with the original grant) for 18-24 months after the initial grant on the claim. This gives them time to determine on their own that the disability is static.

When you received your decision from the VA what did it say about future exams? Look through the decision letter for it will be there. are you sure you are not currently P/T,

Thank for your service and welcome home. I truly wish that your service had not resulted in a disability level that currently plagues you. Keep on plugging away at Hadit. Maybe your experience with the VA can assist another deserving veteran. We are all one here and try our best to help all veterans and spouses.

Edited by Ricky
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Armyboy...WELCOME to the site and THANKS for your service. I am by no means an expert but if you are already paid 100% IU I would not attempt to get an increase. Sometimes the least said the better...Goiod luck which ever way you go.

Bill

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  • HadIt.com Elder

Armyboy:

Welcome to Hadit. A request for an increase gives the VA a chance to review all that you already have. That said if you are lowballed and most are than you should have no problems.

To get a higher rating usually depends on a Doc's opinion.

Good Luck

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  • HadIt.com Elder

if you are IU getting your headaches raised from 30% to 50% is not going to raise your income you are being paid at the 100% rate with IU, the only way they can take the IU away is if you open the claim and let them re-evaluate you which you are contemplating once you re-open the claim by asking for an increase they can then re-evaluate you and reduce your award, which really the only way you can lose an IU award is to get a job and show them you are employable

if it's about money have you filed for SSD? I would not personnaly open this can of worms over a "issue" that is not going to do anything to change your pay status why? what do you gain by doing this? Is the can of worms you are opening worth the end result?

There are a lot of things to consider when asking for increases the biggest question is the overall impact your request worth the risk?

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