How To Get An Increase In Rating

[pamelab]

Hello everyone it's been a while since I have posted anything, but just to catch up on what's been going on, I've had two c&p exams one for fibromyalgia and irritable bowel syndrome they gave me 20% for the fibro and 10% for the IBS. Now everything they required to get a higher rating was in my exam reports why they didn't do it is beyond me. Well i guess that's the VA way. My question is what should I do at this point to get a higher rating? I've been to the ER three times already because of pain and fatigue just left from there today. Should I take my paperwork to my VSO and file an appeal. I'm in that revolving door and want to get out. Any advice will be helpful. Pamelab Gulf war Vet

[pacmanx1]

Get the hospital records and file a request for reconsideration. When was your awards granted? If less than a year file the reconsideration, if it is very close to a year file a NOD.

[jbasser]

here is what you do. Take your med recs and highlight the criteria that you meet according to the title 38 part 4.

Then ask them to reconsider the rating based on the regs.

Now if it has been a year and you have rock solid proof that the VA had the medical documentation that you were entitled to a higher rating then lower the boom on them. This is a matter of legal precedence.

For example. According to my evidence and medical history, it clearly meets the criteria for a rating of (Whatever) percent. This information was in the hands of the VA when the claim was awarded.

Mis-application of the rating schedule is alegal error and not a harmless mistake. They are bound by law to use the schedule.

J