Rating Question

[Curt]

How do you handle this: Just as an example, you receive your rating and sayit 30% but you believe it should be much higher, what do you do? Do you accept the payments at 30% while you fight for a higher rating or do you refuse any compensation until you appeal. I am still waiting on my initial rating, soon I hope, but I understand that in most cases you are "Low Balled" so wanted to be prepared to fight!

As Always........Thanks

[Philip Rogers]

Curt - you accept the payments and file a notice-of-disagreement(NOD) with their decision.

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How do you handle this: Just as an example, you receive your rating and sayit 30% but you believe it should be much higher, what do you do? Do you accept the payments at 30% while you fight for a higher rating or do you refuse any compensation until you appeal. I am still waiting on my initial rating, soon I hope, but I understand that in most cases you are "Low Balled" so wanted to be prepared to fight!

As Always........Thanks

[mags1023]

[Pete53]

I accepted 30% for over 5 years while I fought for 100%. Thank God Social Security paid before I even got a dime from the VA

You are at war with VA. The VA plays dirty and mean and you have to remember that there is no use trying to deny it.

[iraqx2]

Curt,

Welcome to Hadit and please listen to all these valuable information these folks are giving you.

So when the VA deposit your 30% check, and aside from filing an NOD for the decision for a MORE favorable outcome, your action in regards to the 30% award that was handed to you is to do what?? Its a good sign to a long waiting game.

[broncovet]

Curt

Yes, they will probably low ball you, but first, you will be subjected to a series of endless delays, usually denials, and lost paperwork. And, yes, if you do get lowballed, keep the money.

[sixthscents]

Curt,

In many civilian situations acceptance of partial payment can harm a legal claim. That is NOT how the VA works however, but I can understand why you ask. Yes you can accept the 30% without ANY repercussions to continuing your claim for a higher rating. As stated you will need to file a Notice of Disagreement with your local VA regiional Office and state clearly why you think the rating should be higher. The best way to do this is to read CFR 38, section four, and look for you particular injury, or injuries and see what each rating step (10%, 20% etc) requires in the way of evidence and making sure that you have it. If not, get it through either VA doctors, or outside independent medical opinions.

You cannot just say I think I sould have been rated higher, you have to show WHY the VA should have rated you higher, and provide the evidence to support this claim. The evidence required is really outlined in CFR 38. So, pull all your medical records together, and go to CFR 38 for what the service connected and see what a higher rating requires.

Good luck, and understand this is a slow process. Well, I think you already probably understand that... also broncovet is right, they generally lowball first claims, and then do a seemingly endless series of appeals, denials, or partial denials, reappeals, etc. Have patience and stick to it... or the VA wins.

Edited May 11, 2009 by sixthscents