I have my latest Rating Decision & Statement of Case here in front of me. I am digging into it for the information I need to appeal the mistakes.
This is the Adjudicative Actions so far:
03-28-2005 Claim Received.
03-30-2006 Claim considered based on all the evidence of record.
03-31-2006 Claimant notified of decision.
03-21-2007 Notice of Disagreement received.
04-30-2007 Appeal Election Letter sent to appellant.
06-28-2007 De Novo Review election received from appelant.
12-17-2007 De Novo Review performed based on all the evidence of record.
Ok, so the querstion is:
Can I use a NOD or Request for Reconsideration to disagree with the rating and EED, or do I have to take the big step and go on to the BVA?
I am not appealing the actual SC, they did give me SC for all except one of the conditions requested.
I am appealing the fact that they gave me SC because of "Aggrivated by" instead of "Secondary to or Caused by", which I believe makes the difference between having it added to my combined rating and getting the 0% they gave me.
I am also appealing the % of rating they used 60% when figuring the aggrivation factor, and it should have been 100%. I meet the 100% guidelines.
Then lastly I am appealing the EED becaue I am also appealing the DMII EED that this is connected to.
Question
donews
Thank you in advance for reading and replying!
I have my latest Rating Decision & Statement of Case here in front of me. I am digging into it for the information I need to appeal the mistakes.
This is the Adjudicative Actions so far:
03-28-2005 Claim Received.
03-30-2006 Claim considered based on all the evidence of record.
03-31-2006 Claimant notified of decision.
03-21-2007 Notice of Disagreement received.
04-30-2007 Appeal Election Letter sent to appellant.
06-28-2007 De Novo Review election received from appelant.
12-17-2007 De Novo Review performed based on all the evidence of record.
Ok, so the querstion is:
Can I use a NOD or Request for Reconsideration to disagree with the rating and EED, or do I have to take the big step and go on to the BVA?
Donewsome
Donewsome
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