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

[SouthernBelle]

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.

Edited December 15, 2008 by SouthernBelle

[SouthernBelle]

Wouldn't hurt to ask. Thanks!

Belle- That truly sucks...but I agree on waiting until a calmer mood previals to proceed to the next step. Any chance on getting more than one doc at the VA to write an opinion?? Like getting the department chief to write a letter as well??

[SouthernBelle]

What is the wait time at the BVA? Yall all know the pay amount for 50 percent. It aint much! Not enough to live on. I can't do this much longer. I have creditors up my behind every sunlgr day, at least 6 calls a day.

[evandc]

Belle,

I won my case in 1999 at BVA because of the higher evaluation rule. It took me from 30% to 50%

When I put in for 70 & later 100%. was approved 1st time. I always remember it like a baseball game the tie goes to the runner & with VA the tie should go to the vet. As you can see any attempt to attend school or keep a steady job or improve in any way goes against you with VA. I always got the married too long to same women, on job too long & too much education. Doesn't seem like it now, but one bright day all the crap will pass & the sun will shine again.

Good Luck,

Don

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.

[carlie]

Southern,

From my experience I say just starting at BVA with a Hearing Request

with a judge (whether in person or video) and a decision made your looking at 2 years minimum.

If the claim gets remanded (high chance that if more than one issue, some part will be remanded)

to the AMC or back to your VARO, even longer.

I can't remember have you already filed a NOD on a decision, and requested a DRO with a hearing ?

carlie

[rentalguy1]

Belle: Don't get upset with me, but I agree with the rater's assessment at this time. Your husband's medical records that were taken into consideration indicate that he has more symptoms that fall into the 50% category than the 70% category. That is why 38 CFR 4.7 is not applicable. You need to search through his medical records more to find the words "suicidal ideation with intent or plan, illogical speech, inability to maintain personal hygiene, inability to establish and maintain relationships, and inability to function independantly." If he does not have these terms in his records, or it has not come out in a C&P, then you need to assess him for those symptoms and get them recorded by a professional. Of course, if he is not working, then he needs to apply for TDIU.

Sorry to be a bearer of bad news.

[SouthernBelle]

I'm starting to forget what I've done! I did a NOD, got a SOC, did another NOD, got a SSOC, did a NOD based on evidence not used and the shreddergate, just got the SSOC on that NOD. This is ridiculous. We did a hearing in 2007 for the increase from 30 to 50.

Southern,

From my experience I say just starting at BVA with a Hearing Request

with a judge (whether in person or video) and a decision made your looking at 2 years minimum.

If the claim gets remanded (high chance that if more than one issue, some part will be remanded)

to the AMC or back to your VARO, even longer.

I can't remember have you already filed a NOD on a decision, and requested a DRO with a hearing ?

carlie