High Initial Ratings?

[blackbird]

Hey Veterans,

It seems based on what I've been reading that the VA always low balls the initial ratings on claims that are newly granted. Then after retro is paid at the low rate the veteran appeals and gets the higher rating that they deserved to start with.

What would be your guess of the percentage of vets that are done this way?

Has anyone heard of the VA rating a veteran appropriately or a high rating from the beginning???

Thanks for your input,

Blackbird

[Berta]

Blackbird- it could cause more time to your claim if you added all this now-you would think all of these cervical problems would be considered at the same time-when they read your clinical record for the C & P- (you sure could bring this up as to those neck surgeries-at the C & P)

I need to ask- what do you get SC for now?

Or if you are not getting any SC at all- is there an adequate nexus in your SMRs for these conditions?

Did you specify the main conditions that are service connectable and then state the others as secondary conditions?

The vet I tried to get to amend his claim- he had been on appeal by then for about 10 continuous years.I didnt think an amended claim would matter at that point if it held up his claim.He didnt file it anyhow.All he could do was send them a NOD when they lowballed him.I dont know if he even did file the NOD-this was a very difficult veteran to deal with-and the last one I ever helped locally.At that point my focus was on the ridiculous attorney fee he had and I prepared the NOD on that.They deserved about 100 bucks in my opinion and the VA wanted to send them 8 thousand.BS to that.long story but I raised a very good argument on their fee being too high.VA has a five point criteria for paying attorney fees-something every vet should refer to if they feel the fee is too high.

You could certainly point out the DDD surgeries to the C & P doctor-I am not sure if you should add this formally-because the C & P has been scheduled already-

hope someone else chimes in on this one-

[purple]

My claim was rated as it stands now (80% SC, 100% IU P&T) the first time.

[blackbird]

Hey Berta,

I'm currently not SC for anything. I'm trying to get it for a back injury that occured in Egypt in 1995. I had back surgery 4 months after the injury, then again to fuse the joint in 1998. Was discharged in 1997. The neck surgeries started in 2001 then 2002, again in 2002, 2004, 2008. I have a statement posted in the IMO cat. from my surgeon for the back issue, and from my NCOIC that knew of the injury, just didn't realize how bad it was. I hope that will satisfy the nexus requirement. I will definitely mention the neck problems during exam.

Thanks for the reply,

Blackbird

Edited August 23, 2009 by blackbird

[Guest Ryan]

It seems based on what I've been reading that the VA always low balls the initial ratings on claims that are newly granted. Then after retro is paid at the low rate the veteran appeals and gets the higher rating that they deserved to start with.

Someone please clarify:

As long as the appeal is filed within a year, doesn't the retro pay get adjusted to reflect the higher rating resulting from the appeal all the way back to the original claim date?

So like for me.....I filed in dec. 07, and was granted 10% in dec. 08. now my appeal will prolly get decided on here shortly, and if it comes back in a higher rating won't I get the retro pay all the way back to dec.07 minus the retro, and monthly amount already collected in the last 9 months?

[Pete53]

Ryan:

Its supposed to but than again we are deling with the VA, I was cheated out of 27 months of retro.