Increase Request

[sehinchee]

If you NOD an initial decision asking for higher rating, is this considered an increase?

I ask this because the effective date of an increase can be retro up to 12 months, if medical evidence supports the claim.

If it is not considered an increase then the EED would be the filing date.

Here is the example from the VA website.

"If VA increases my disability rating or adds another disability, when will my increased benefits be effective?

The effective date for your increased benefits will be the date VA receives your claim for an increase or a new disability.

NOTE: VA may award an earlier effective date for an individual evaluation of a current service-connected disability if the medical evidence reveals that there is an increase in the veteran's disability and a claim is received within one year.

For example, if there is medical evidence to show that the veteran's service-connected left knee arthritis was worse on June 13, 2005, and we receive a claim for an increased evaluation for the veteran's left knee arthritis on December 6, 2005, then the effective date for the increased evaluation will be June 13, 2005."

Has anyone ever had experience with this? I am currently rated under 5055 which provide 100% for 12 months after the replacement surgery, and a minimum 30% after 12 months. I recieved 5 months @100% because I filed 7 monthst after the surgery.

[jbasser]

It would be the date you came off of the convalesent rating, These ratings are temporary. The residual rating is the actual rating.

You can NOD the residual rating and the date will still be the same.

J

[sehinchee]

Understand, My permanent rating is 30%.

My filing date is 8-27-07, and I am currently rated at 30%

I have filed a NOD asking for a higher rating.

I have documentation that proves ( through range of motion) I would be rated higher that 30% on 8-27-06 (12 months prior to my filing date)

Does this make sense or am I missing something?