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I Hate The Va! I Hate Them I Hate Them I Hate Them

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SouthernBelle

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  • HadIt.com Elder

So, I'm so mad I can't see straight right now. They denied the increase again. I can't believe it, I really just can't understand how a DOCTOR'S OPINION, the DOCTOR WHO TREATS MY HUSBAND TREATS HIM! can be ignored for a lower rating. RATERS ARE NOT DOCTORS! DAMN, I'm pissed. I am sitting here shaking I'm so mad.

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Edited by SouthernBelle
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  • HadIt.com Elder

THAT IS IT! You got the reg! THANK YOU THANK YOU THANK YOU! I've been running through the CFR since I thought of it!

southern,

You sound like me..... on a day I got Baker Acted, lol but the truth.

carlie

http://edocket.access.gpo.gov/cfr_2008/jul...df/38cfr4.7.pdf

38 CFR

§ 4.7 Higher of two evaluations.

Where there is a question as to which

of two evaluations shall be applied, the

higher evaluation will be assigned if

the disability picture more nearly approximates

the criteria required for

that rating. Otherwise, the lower rating

will be assigned.

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So, I'm so mad I can't see straight right now. They denied the increase again. I can't believe it, I really just can't understand how a DOCTOR'S OPINION, the DOCTOR WHO TREATS MY HUSBAND TREATS HIM! can be ignored for a lower rating. RATERS ARE NOT DOCTORS! DAMN, I'm pissed. I am sitting here shaking I'm so mad.

Belle:

I read the VA ltr you posted and you are exactly right! They even state in the letter at the end that although he does show some of the 70% criteria, it more closely approximates the 50% rating criteria, to who????? The rater?? Of course. Everyone on here is right, you all are going to eventually win. Unfortunately, they attempt to beat you down at every step along the way. A lot of the Vets just can't handle the paperwork and stress. Your husband is lucky that he has you and that you have taken his case over. I bet if it were just him, he wouldn't be able to handle it, right??? Well that's what the VA is hoping will happen, but they don't know who they are messing with this time! You go girl! Keep the pressure on, but like most have said, take a deep breath and refocus. This is just more evidence for you. By them stating that some of his conditions are in the 70% criteria, they have provided you with more fire power. I am in the same position with 2 appeals in, and I am not hurting monetarily so I just look at their ignorance as a savings account that I will eventually be able to access. Good luck and keep the posts coming. Every little fact can sometimes be expounded on by the pros here on Hadit.

s/Mags

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  • HadIt.com Elder
Belle:

I read the VA ltr you posted and you are exactly right! They even state in the letter at the end that although he does show some of the 70% criteria, it more closely approximates the 50% rating criteria, to who????? The rater?? Of course. Everyone on here is right, you all are going to eventually win. Unfortunately, they attempt to beat you down at every step along the way. A lot of the Vets just can't handle the paperwork and stress. Your husband is lucky that he has you and that you have taken his case over. I bet if it were just him, he wouldn't be able to handle it, right??? Well that's what the VA is hoping will happen, but they don't know who they are messing with this time! You go girl! Keep the pressure on, but like most have said, take a deep breath and refocus. This is just more evidence for you. By them stating that some of his conditions are in the 70% criteria, they have provided you with more fire power. I am in the same position with 2 appeals in, and I am not hurting monetarily so I just look at their ignorance as a savings account that I will eventually be able to access. Good luck and keep the posts coming. Every little fact can sometimes be expounded on by the pros here on Hadit.

s/Mags

It is time to forget about this RO and proceed to the BVA. This Ro is biased in my opinion and will not budge. This person will not listen to reason so I think it will take a court action to twist his arm. I just hooe it does nto get remanded to the AMC.

J

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