Turned Down For Increase

[jtl111]

I had a C&P examine recently and was turned down for an increase in disibility for my current rt knee problems. My current rating is 10%. I had am MRI which shows a torn medial meniscus. I have been having problems at work with my knee locking and I am unable to squat and perform my duties as I used to in the past. I submitted this evidence to the V.A. but they turned me down anyhow. They said because the evidence does not show a marked interference with employment or frequent periods of medical care an increase in compensation is not warranted. Do I have any other options available to me. If I file a NOD will I have to go back to the V.A. office and provide more evidence?

[jrfrog]

The best way to approach this is to look up in the C&P Exam Guidelines and the Title 38 CFR to see exactly what they look for with knee injuries. Those links were posted here several times, the last being just about a week ago ... but they can also be found at http://bluewaternavy.org/vsotoolboxlinks2.htm ,,,, and if the description of a higher rating fits what you are experiencing, have an outside MD check it and write you a letter using the VA's own language to describe what those higher percentage symptoms are. Submit this to reopen the claim as "new and material evidence"... this is one step back from the NOD. Save that as your last resort, because if you get into a pissing contest with them you'll need to hunker down for a long wait. Anything you can do to avoid that is in your best interest.

[jbasser]

What would I do if I was denied an increase and reveived the same letter you received.

1: I would write a NOD. I dont agree with your decision. list your reasons.

2. Next step, Call a local ssa attrorney and ask them who they Use as Occupational Docs for IME's and how much they charge.I used one and on examination, he found additional items.

3. Get all records and Xrays, MRI"S and have an IME. Let the doctor explain the effects on your occupation.

An Occupational specialist trump regular docs or Nurse practitioners.

Submit the docs opinion.

That was the best 500 bucks I ever spent.

[cowgirl]

Thanks for the clue, may work for me, or not. I'll need to research if Occupational Doc may upport 'unemployment' due to mdd stress. Havent had a 'job' except for few years, SGA not an issue, low pay. Also got physical issues, including knee, meniscus operation in service, knee is numb and has edema often I need increased for. Meanwhile, I try to work here and there, hoping I dont collapse from stress, lumbar or legs. Its tough to get turned down, but I have a feeling there may be hope in the spring, Lord willin' and the creek don't rise!

jbasser said, "2. Next step, Call a local ssa attrorney and ask them who they Use as Occupational Docs for IME's and how much they charge.I used one and on examination, he found additional items."

I never thought about that, interesting approach. Do you have to pay, win or loose?