I frequently read the forums here, being that I have several claims in the VA for, and am currently waiting over two years for a resolution. That being said, I wanted to get your opinions about a subject that I was just reading.
I just read in an opinion rendered by the BVA, that, "The veteran and his representative have not suggested that another diagnostic code would be more appropriate."
I read this several times, and was astonished that this would be acceptable. Unfortunately, I have a condition that was denied by the VA, because they said they had no rating schedule for the paticular diagnosis. But when I saw that a veteran or his representation could 'suggest' a more appropriate diagnositc code, my hopes were somewhat revived.
Has anyone ever 'suggested' a more appropriate diagnostic code and won? I found a glaring error by the VA when they 'mistakenly' assumed two different problems were one problem, and subsequently denied the claim because of this. I wrote to them explaining the two conditions were separate conditions, and very simply divided the issue using medical evidence. They still assert that the one condition is non-compensable because no rating schedule exists for the condition. My hopes are to take this condition, and ask them to assign a closely related diagnostic code so that I can receive compensation. I hope that perhaps somebody has some experience with this issue and can give me some insight!
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Sgt. Wilky
Hello All,
I frequently read the forums here, being that I have several claims in the VA for, and am currently waiting over two years for a resolution. That being said, I wanted to get your opinions about a subject that I was just reading.
I just read in an opinion rendered by the BVA, that, "The veteran and his representative have not suggested that another diagnostic code would be more appropriate."
I read this several times, and was astonished that this would be acceptable. Unfortunately, I have a condition that was denied by the VA, because they said they had no rating schedule for the paticular diagnosis. But when I saw that a veteran or his representation could 'suggest' a more appropriate diagnositc code, my hopes were somewhat revived.
Has anyone ever 'suggested' a more appropriate diagnostic code and won? I found a glaring error by the VA when they 'mistakenly' assumed two different problems were one problem, and subsequently denied the claim because of this. I wrote to them explaining the two conditions were separate conditions, and very simply divided the issue using medical evidence. They still assert that the one condition is non-compensable because no rating schedule exists for the condition. My hopes are to take this condition, and ask them to assign a closely related diagnostic code so that I can receive compensation. I hope that perhaps somebody has some experience with this issue and can give me some insight!
Thanks and Semper Fi!
Matt
BOHICA
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