Should I Apply For Increase In Rating

[Penelope]

Hi Folks -- I have just joined the forum, although I have stopped by in the past. I am at a point where I need some independent advice from those that have dealt with VA.

I have been service connected for Chronic Fatigue Syndrome since 1990. For the first 4 years, the rating was 30%, then they finally determined a rating code and it has been rated at 60% since 1994. Symptoms of chronic fatique syndrome include, but are not limited to sleep apnea, as well as muscle aches and pains, allergies, etc.

My condition has declined in that I now require a CPAP machine any time I sleep, as well as undergoing allergy shots, and injections for various joint pain. I have pretty much dealt with this, however it is getting to a point that I don't know for how much longer I can cope with it all. I currently work a reduced work schedule of 4 days of week, which has helped, but I don't know how much longer I can continue.

It was such a long drawn out process to get my claim finally appealed that I am hesitant to apply for an increase. Most of my medications VA doesn't carry and I use an outside pharmacy. Work is giving me more and more problems about the reduced schedule and it looks like the job I am working may be eliminated in the future. It is a job I can do and have done it for more than 18 years. My husband is a disabled vet, as well, although not service connected. Therefore it would be difficult to face a decrease in my rating. If I wait until 2010, does that mean my rating can't be reduced below 30% because I had 30% for 4 years and 60% for 16 years, or do I start again at 60%.

Any thoughts or advice would be appreciated. Thank you for your time.

[navydoc2]

'Penelope' date='Aug 31 2009, 09:38 PM' post='163577']

Hi Folks -- I have just joined the forum, although I have stopped by in the past. I am at a point where I need some independent advice from those that have dealt with VA.

I have been service connected for Chronic Fatigue Syndrome since 1990. For the first 4 years, the rating was 30%, then they finally determined a rating code and it has been rated at 60% since 1994. Symptoms of chronic fatique syndrome include, but are not limited to sleep apnea, as well as muscle aches and pains, allergies, etc.

My condition has declined in that I now require a CPAP machine any time I sleep, as well as undergoing allergy shots, and injections for various joint pain. I have pretty much dealt with this, however it is getting to a point that I don't know for how much longer I can cope with it all. I currently work a reduced work schedule of 4 days of week, which has helped, but I don't know how much longer I can continue.

It was such a long drawn out process to get my claim finally appealed that I am hesitant to apply for an increase. Most of my medications VA doesn't carry and I use an outside pharmacy. Work is giving me more and more problems about the reduced schedule and it looks like the job I am working may be eliminated in the future. It is a job I can do and have done it for more than 18 years. My husband is a disabled vet, as well, although not service connected. Therefore it would be difficult to face a decrease in my rating. If I wait until 2010, does that mean my rating can't be reduced below 30% because I had 30% for 4 years and 60% for 16 years, or do I start again at 60%.

Any thoughts or advice would be appreciated. Thank you for your time.

Sounds to me like you may be depressed. I would file a claim for depession secondary to primary rating, I would describe the issues you are having at work, the tough time you are having in general. It is keeping you from having a quality of life. I would file for the increase based on that issue. You may have to have repeat cp exams for your initial rating but that is par I'm told. If your husband is disable why not get him to apply for whatever he is disabled for as well. Welcome I hope this helps. Good luck.

Someone smarter than me will come along and answer you too I'm sure.

[carlie]

Hi Folks -- I have just joined the forum, although I have stopped by in the past. I am at a point where I need some independent advice from those that have dealt with VA.

I have been service connected for Chronic Fatigue Syndrome since 1990. For the first 4 years, the rating was 30%, then they finally determined a rating code and it has been rated at 60% since 1994. Symptoms of chronic fatique syndrome include, but are not limited to sleep apnea, as well as muscle aches and pains, allergies, etc.

My condition has declined in that I now require a CPAP machine any time I sleep, as well as undergoing allergy shots, and injections for various joint pain. I have pretty much dealt with this, however it is getting to a point that I don't know for how much longer I can cope with it all. I currently work a reduced work schedule of 4 days of week, which has helped, but I don't know how much longer I can continue.

It was such a long drawn out process to get my claim finally appealed that I am hesitant to apply for an increase. Most of my medications VA doesn't carry and I use an outside pharmacy. Work is giving me more and more problems about the reduced schedule and it looks like the job I am working may be eliminated in the future. It is a job I can do and have done it for more than 18 years. My husband is a disabled vet, as well, although not service connected. Therefore it would be difficult to face a decrease in my rating. If I wait until 2010, does that mean my rating can't be reduced below 30% because I had 30% for 4 years and 60% for 16 years, or do I start again at 60%.

Any thoughts or advice would be appreciated. Thank you for your time.

Penelope,

Welcome to Hadit.

You posted,

"Symptoms of chronic fatique syndrome include, but are not limited to sleep apnea, as well as muscle aches and pains, allergies, etc."

Any additional symptoms you feel may be related to your CFS will ned a doctor's statement

saying these medical problems are at least as likely as not related to your CFS.

Does your husband have any disabilities that are connected to medical evidence shown in his SMR's ?

Here's the information on Protection for Ratings.

Borrowed from elsewhere.

carlie

10/20 Year Service Connection/Ratings Protection

The 10 year mark for is for service connection. A condition that has been service connected for 10 years can not be severed unless fraud is involved. The clock starts ticking for conditions based on the effective date(s). This does not mean compensation can't be reduced.

The 20 year mark protects ratings. Absent fraud, disability ratings can not be reduced after they have been going 20 years. See your award letter for effective dates on each disability. Combined ratings are also protected after a 20 year period.

Example: You have been rated 50% for Condition A since 1990. You apply for SC for 4 more conditions and VA grants them in 2007. Because of VA granting them your new combined rating is 100% as of 2007. Condition A is protected from severance in the year 2000 and protected from reduction in the year 2010. The new service connected conditions would be protected from severance in 2017 and reduction in 2027. The clock started ticking on your combined 100% in the year 2007 so it would be protected from reduction in the year 2027.

If you apply for an increase for Condition A and are bumped from 50% to 70%, the 50% number is still protected from 1990 but the new 70% would start a new clock ticking (using the dates above). Meaning until you have held that 70% rating for 20 years, the lowest they can reduce you is back to 50% based on the fact that it was in effect for 20 years.

Even if a rater plugged the wrong numbers and wrongly awarded a combined 100%, they still can't reduce. Again, this is all assuming no fraud is involved. You can do the math by using the effective dates on your award letters.

"P&T" can be established at any time regardless of how long ratings have been held (via 100% scheduler or TDIU). If VA plugs all of your conditions and there are no future exams scheduled, then entitlement to Ch. 35 and ChampVA will be granted. If VA determines that there is a chance of improvement, there will be a future exam scheduled and "P&T" will not be established.

[Pete53]

Welcome to Hadit.

[Aquabear]

Hello Penelope. My advice and I'm a newbie so I won't be technical

File for an Increase

Be patient or try at least try to be

Read stuff on hadit, look on here for questions you have that someone may have already asked and answered; if not then ask them on here- most of the people here are great, sincere and helpful-

Find someone to help you- I got really lucky and have a great lawyer that used to work for the VA(super rare) but there are people out there to help you file claims papers, lawyers, veterans groups and more

Please don't go it alone as I did years ago- if I only knew now what I now (you havent heard that one before I bet )

Good luck, peace be with you

[Penelope]

Thank you very much for your help. You have given me a lot to think about. Your answers have prompted another question with regard to my husband.

My husband has degeneraqtive disc disease. Has had one hip replaced and the other needs to be done. His military medical records does show one instance of a a back injury. However, it wasn't until several years after military service that he started having recurring flare ups. We went to a service officer once and he said there was no way to prove that the back problems he was having now were related to the injury in the military. that We filed a claim, but I don't remember if we ever heard anything back from anyone and we never investigated further. He has been on Social Security Disability since about 1996. Do you think we should investigate filing his claim again. I just don't know what to think about it.

Thank you very much for your time and advice.

[LarryJ]

The Service Officer is not a medical doctor.

He should have never given you that advice.

Your husband should file a new claim.

If you have already filed for what you would be filing again for, then you need to come up with new and material evidence, etc.

But, according to what I've heard you say so far, then a "re-open" of an old claim may NOT be the way you want to go. There are other claims lurking here methinks.

Get your husband's SMR's (Service Medical Records). You can "order" them online from the National Personnel Records Center in St. Louis. If he does not have a copy of his DD214, get that from them also. Get ALL of his service records, essentially.

Then let's have a read-through and see what they actually say.

Then let's go from there.

Do not go off half-cocked and just "file a claim", before we get a chance to talk about it.

I am assuming that your husband's SS is from his DDD and hip replacement, etc.?