Has Anyone Seen A Rating Reduced Upon Appeal?

[broncovet]

I am considering appealing a recent rating decision and would like advice. The rating is what I expected, but I think I deserve an earlier effective date.

My question is, Could this appeal "open a can of worms" and result in a rating reduction? Has anyone had their rating reduced upon appeal, that is, has anyone wished they had not appealed and wound up loosing benefits instead of gaining them at the BVA level? (My most recent decision was a favorable DRO review) I dont want to "take chances" of a reduction, but really think I deserve an effective date 5 years earlier, based on an "informal" claim.

My "informal claim" was for depression..at the docs office. At that time I had no idea that there was such a thing as a claim for depression, however, I did tell my doc that I was depressed, and he prescribed meds for it, and told him it was related to a service connected condition. He documented this. However, I did NOT follow this up with a formal claim for depression, until more than a year later.

Also, I filed a claim for increase in 2004, which may have been shredded. I filed for "special claims handling" and, based on the most recent decision, altho they did not come right out and admit I was one of the victims of shredded documents, my decision would suggest that would be the case.

Edited March 31, 2009 by broncovet

[broncovet]

Carlie

You ARE good!. Yes, it was a VA doc, at the VA hospital, not a private doc or IMO.

This doc stated, in a C&P exam, that my depression was most likely due to military service, however, the C and P exam was about 3 years later. Service connection is not an issue as it has been established, however, the effective date is an issue.

My contention is that the 2002 docs exam was an informal claim for increase especially since he even stated back then that my depression was service connected. The VA has (finally!) granted SC for depression, the only issue is the effective date.

If I read the reg right, that you posted, the DRO would have the burden of proving CUE to award me a lower benefit, correct?

Also, my most recent decision WAS a DRO review, so, I am assuming that an appeal of a DRO review would be made at the BVA level.

Finally, yes, I know the RO is supposed to send me a formal claim when I have submitted an informal claim within a year, since they did not do that, it is (at least in part) the basis of my appeal for an earlier effective date.

Rentalguy. Thanks for your input, and I do apologize for "hijacking" your other post. I know you are very knowledgeable and appreciate your comments. I know I am negative..there are some very good reasons why the VA docs have rated me as depressed.

[mags1023]

[john999]

I have filed countless appeals over the years and have never had a reduction due to an appeal. It is just the opposite. I recently went from 0% to 60% on appeal for a vascular disorder. Appeal it!