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Rating Decision - Lowballed

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Josephine

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  • HadIt.com Elder

Was that IMO mentioned on the claim evidence anywhere?

It seems to me that they have missguided the idea that you quit working to work at home.

If they did not consider the IMO from Dr C. Then you should be able to unload the boat on them.

Remember that by law the VA is required to evaluate all of the evidence.

This is VA 101.

§ 4.6 Evaluation of evidence.

The element of the weight to be accorded the character of the veteran's service is but one factor entering into the considerations of the rating boards in arriving at determinations of the evaluation of disability. Every element in any way affecting the probative value to be assigned to the evidence in each individual claim must be thoroughly and conscientiously studied by each member of the rating board in the light of the established policies of the Department of Veterans Affairs to the end that decisions will be equitable and just as contemplated by the requirements of the law.

Take Dr Crowleys report, make a copy and attach a copy of this reg. Send it in and ask they why they did not consider this Docs opinion when deternining your IU.

Ask for an immediate IU rating based on this Dr's opinion.

Dont let up. Keep the pressure on them.

J

Edited by jbasser
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  • HadIt.com Elder

John,

I have received two notices from the medical center to be

there this Wednesday for the increase for benefits and the TDIU

C&P.

Can I just show it to Dr. Muller and give him a copy?

Thanks,

Betty

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  • HadIt.com Elder

You can give it to her. If it is in the record Dr Mueller should see it , But I know that c files and medical records contain massive pages of info. Let the Doc see it and tell the Doc this is in the file.

That will only strenghten your situation.

Keep us posted.

J

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  • HadIt.com Elder

Give him the time it takes to read and remember. Once he does, No problems expected.

J

Edited by jbasser
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