Has Anyone Received An Increase Based Off Of New Evidence Only?

[pilgrim01]

I was just curious if anyone have ever received an increase based off of new evidence submitted and didn't have to go through another exam? Thanks!

[luvHIM]

The short answer to your question is YES.

But my question to you is "what are you service connected at 40% for?" Your response will determine my next response to you.

But, one thing I can add right now is that, if I were you, I would not file for a re-consideration. It is not the best way in most cases to go about having your claim readjudicated. Besides, if the RO finds in your favor, it will begin from the date of the reconsideration and not the original claim date, unlike with an NOD.

If you are not happy with the award, you can file an NOD and still be paid at the 40% while a review is pending.

[Jim MAC]

I guess I'll have to file a Request for Reconsideration with the X-rays and MRIs and see what happens.....

Now, since I am at 40% (30, 10), how do they re-calculate? Let's say they give me 20% more, do they calculate 40% and the new 20% or do the do the whole calculation over (30, 10, and now 20). I know they start high and go lower for the numbers.

Pilgrim

Who ever told you 30 + 10 = 40 lied to you. Your first grade teacher lied to you. You are now going to get your first lesson in VA MATH, 30 + 10 =37 in VA math but they do roundit up to 40 so you following so far. Now you are sitting at 37 percent. If you get a additional 20 percent you think it would be 57 percent oh no pilgrim. We have to use the magic VA math and start over 30 + 20 + 10 = 60 But in VA math it is 50.4 rounded down so they great VA math screws you and pays you at 50 percent.

let me give you an example I am rated at 50+30+30+10+10+10+10 that = 150 when I went to school. BUT IN VA MATH that = 83.95 so they round it down again to 80 percent.

So thats why you just got to keep fighting and fighting. You live in Hampton?

Maybe we can get together for lunch tomorow I know where u work meet up at BK on base.

Jim

Edited March 23, 2009 by Jim MAC

[pilgrim01]

luvhim,

So you do not think I should file a Request for Reconsideration but I should file a NOD? I was rated 30% for Pseudo Barbae with dermatophytosis tinea capitis and 10% for Ankle Spondylosis (sp?) with degenerative disease (arthritis). I didn't get anything for "foot numbness/tingling" (my new found back problems). The numbness/tingling went from my lower back down to my foot. My old doctor didn't do antyhing other than give me an EMG. My new doctor is the one that said, let's check your back and the problems were found! Nothing for wrist and elbow problems from a motorcycle accident. Nothing for Infertility because they said I was able to father two kids (twins), but that was for a price. My wife and I had to have an IVF procedure done just for that and that is expensive! And during my exam the doctor also said I had Tinea Pedis (athlete's foot), even though I didn't claim that. Keep in mind, I was still active duty when I had my exam. I filed under the Pre-Discharge Program.

I am currently on Celebrex and Neurontin.

JimMac,

I would love to meet up with you, but I am in a meeting all day today with folks from the Pentagon (not VA related :D ). Maybe we can get together Friday?

Also, I just learned from another post that I can file for my back problems as one claim and another claim for the nerve root problems also? So, I can file two separate claims for my back problems. Wow! I need to hurry up and get this filed!

I am learning so much! I wish I had know all this before I initially filed!

Edited March 24, 2009 by pilgrim01

[Jim MAC]

Pilgrim

I work fridays, Will look at next week I work for US Airways Express and got them good days off. You know Monday and tuesdays lol. Well you will learn a lot from this site. its your claim to work no one cares for your claim more then you due. I know you went thru AMvets but as far as they are concerned you are rated ar 40 percent and they count that as a win, now they will move to the next group of vets going thru transation training. I went thru DAV they did a good look and filed for everything in my SMRS. can back 50 percent for sleep apena 10 percent for acid refules with hital hernia and 10 percent for tituntis. If it was not for hadit I would no nothing about appeals NODs etc ( VA must hate the internet.) Berta gave me a sample of a NOD and I been off to the races since. Now that you are SC there are not a lot of forms to fill out. if you want to file for the rest a simple letter will work. First thing you need to due is take a copy of your award letter and go to the VAMC in Hampton and register for VA care. I get all my care there. I do have a great DR. I get better care there then I ever got in the USAF. The reason I like useing the VAMC is now the VA has a record of all my care and they can not reduce letter on saying I have not been ill in a while.

Here is a copy of a NOD I have used and got got results with work on yours post it here and the good people and hadit will make some suggestions;

Jim

Department Of Veterans Affairs

VA Regional Office

210 Franklin RD

Roanoke VA 24011

Attention xxxxxxxxx

Dear Sir

Reply to xxxxxxxxxx

1, I received a rating decision dated 2 August 2008. Consider this letter to be an official “Notice of Disagreement” (NOD) regarding the following Decision. I am requesting a DE NOVO review by a new Decision review officer. I wish that the new Decision review officer use Sec. 4.3 Resolution of reasonable doubt. It is the defined and consistently applied policy of the Department of Veterans Affairs to administer the law under a broad interpretation consistent, however, with the facts shown in every case. When after careful consideration of all procurable and assembled data, a reasonable doubt arises regarding the degree of disability such doubt will be resolved in favor of the claimant

2. My shoulder, Sinusitis and back condition have gotten worse. I received all of my treatment both scheduled and emergency room at the VA Medical center in Hampton Virginia. Yet when I look at the list of evidence used to decide my case my records from the VA medical records are not included why?

3. My claim for tension headaches was decided without a C+ P exam or a review of my medical records at the VA medial center in Hampton

4. I have no other records other then the ones at the VA medical center please expedite this claim I have enclosed a copy of my DD form 215 which shows I am a Veteran of the Global war on terrorism

5. I fully intend to continue to appeal any further denials of this claim

V/R

JIM MAC

VA Claim Number xxx-xx-xxxx

Edited March 24, 2009 by Jim MAC

[pilgrim01]

Thanks, Jim Mac! I'll tailor it to my conditions. :D

[luvHIM]

Pilgrim,

The format posted by Jim Mac is the one I used, as well.

The reason that a reconsideration is generally not the way to go is because it ends up being a cut and paste job. The same could happen with an NOD but there is a better chance of actually having someone else look at the file. You also have the better chance of getting a C&P for what was not properly or adequately addressed or for what was low balled. Plus, as I mentioned...with a reconsideration you claim date changes to the date of request for reconsideration...unlike with the NOD...because you are disagreeing with the initial outcome of your original claim.

We are all learning on here...if we remain teachable. You are not by yourself. My claim is granted because of the assistance I received from the people here on hadit...not to forget my LORD! But, their knowledge in the VA claims process, as well as just the encouragement to keep going, is to always be remembered. Best regards!