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Va Rating Decision Denial For Increase From Sc 10% Asthma

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casscntyman

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I was discharged in 1990 from the USMC and given a 10% service connected rating for Asthma. I applied for an increase in 2002 and was denied due to smoking and not taking meds. Both are wrong, I have never smoked which is in my medical record from beginning to end, I have also always taken at least three meds daily for my condition usually much more. I also see viewing my medical file that it has always been classified as COPD. Is there really a difference between the two in regards to rating? I am just very confused. All of my xrays also say Copd. Thanks in advance for any input.

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In this case (this is rarely recommended) I would call 1-800-827-1000

and ask what Diagnostic Code/s (DC's) I am rated under for SC.

Then I would look up the rating criteria at this link :

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=e43444626bf47b79f566c05fe726f6fd&rgn=div8&view=text&node=38:1.0.1.1.5.2.102.46&idno=38

Then I would look over my medical evidence to see if I had something that would warrant an increase

of the current 10 % evaluation as compared to the Rating Decision that granted SC with a 10% evaluation.

If you're up to it - cover your personal info like name, SSA #, etc... and post the exact wording from the Reasons and Bases Section

and the Evidence Section of the Rating Decision that denied an increase.

JMHO

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