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Pre-service Disability Reduction
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Vync
After reading a bunch of forums here, I decided to re-read my original SC award letter. I found that the VA actually reduced a 30% rating by 10% because they say I had a 10% pre-service disability. I would like to know if it would be worth the effort to 'correct' this problem.
I am 40% SC, but here is the breakdown of my SC conditions:
1. 10% asthma bronchiole (claimed as asthma)
2. 30% allergic rhinitis/sinusitis (reduced by 10% because the VA says I had a 10% pre-service disability)
3. 10% chronic allergic conjunctivitis, bilateral
4. 10% internal derangement of the right temporomandibular joint
Pre-service disability?
On my award letter, for number two it says, "Prior to service, the disability is considered 10 percent disabling, based on evidence that showed he always had problems of recurrent rhinitis. Following military discharge, the disability is 30 percent disabling which is the maximum evaluation for allergic rhinitis, because evidence now shows septal deviation and nasal polyps not shown on the veteran's entrance examination. The preservice percentage is always deducted before assigning any service-connected evaluation less than 100 percent. This condition is evaluated as 20 percent disabling."
Here is where it gets wierd. On my award letter, for number one it says, "In the doctor's opinion, the veteran obviously had allergic problems before entering the service which got worse during service implied by development of asthma in 1991."
Questions:
1. If I had both conditions prior to service, how could they determine a percentage of a pre-service disability percentage without examining me?
2. Can I get this 10% reduction corrected?
3. What do I do now?
Thanks in advance!
V
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