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Anyone Receive A "fair" Decision The First Time?

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AFMedic09

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I know everyone's ideas for what they feel they should be rated vary. I am just wondering if anyone has had to wait, but in the end received a fair rating? I am in the St. Pete RO, and am waiting. I tried to seach this topic, but couldn't find one. (Might be an ominous sign) Has everyone had to appeal their initial decision? Did you get a lower rating, but find that the justification was fair, and did not appeal? Just wondering....Thanks!!

1 John 4:9

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It would do you good to take a look at the rating schedule for your disability and look for the rating that closely fits the residuals that your suffering. That way when you receive the decision letter from your claim you'll know if you was snowballed or not.

Some may argue this point, but, I think the % is higher than normal on the fact the initial decisions are appealed. Even if you think all your ducks are in a row, and should win this head over heals, and rightfully so, don't ever, ever think it's a done deal. To many hearts has been broken over this, and there wouldn't be if the VA would truly be honest. It is the utmost importance that you never ever give up, cause some day you will prevail.

Coot

!!!BROKEN ARROW!!!

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I was released from active duty 1978.

Filed my first claim issues a couple months after separation - St Pete VARO

Some issues were Otitis Media,Hearing Loss,Tinnitus, Neck, Back, Right Shoulder,

Dizziness/Vertigo, Headaches, multiple concussions.

Oct 1978 - Everything denied under code 8.

I filed a disagreement.

Nov 1978 - VAMC admission with Grand Mal Seizures

Early1979 - all issues remain denied - although treatment shown on active duty

disabilities must be 10 % or more or not SC'd.

Otitis Media not suppurative at exam (no sheet - didn't bother to note I was on

antibiotics at the time for this condition), Mild spasms in neck, tender trigger points

right trapezius, record of concussions, headaches and blackouts on active duty

but no evidence of seizure activity on active duty.

All claims remain denied - Code 8.

I spent a week or 10 days here and there admitted into VAMC hospital

having grand mal seizures.

Submitted VAMC reports to RO with addendum to reopen all issues and add seizures to claim

and notice of Drivers License Revocation due to VAMC report to Tallahassee that I am now a seizure patient.

Sometime in 1979 - all issues remain denied.

Early 1980 -Had a seizure in a shower with glass sliding doors - fist went through sliding shower door

submitted request for laceration - scar and internal damage to wrist area.

Middle of 1980 - all issues denied.

I appealed the denial - BVA did not exist then, neither did law and order within the VA -

I was a peacetime vet - I was just sheet to the VA.

Had a RO Hearing before a panel of 5 members.

The head azz was the same adjudication officer that denied all of my claim issues.

The panel granted the issue for seizures DC 8910 SC - evaluation 40 % - effective date - day following separation.

8910 Epilepsy, grand mal. Rate under the general rating formula for major seizures.

At least 1 major seizure in the last 6 months or 2 in the last year; or averaging at least 5 to 8 minor seizures weekly . . . 40

The rating decision negated to mention or address anywhere in the findings - any of the other issues.

Finally around 2000 - RO granted SC for headaches - 10% - DC 8100 - effective date 1999.

I NOD the effective date - VA calls CUE on their prior decision - changes the diagnostic code

to DC 8045 - Brain trauma, which prohibits the 10% for headaches as I am already rated

for seizures - I have no dementia (9304) so subjective headaches at 10% can not be assigned

for a disability due to already rated due to Brain trauma (my seizures).

Under Diagnostic Code 8045, purely subjective complaints

(such as headache, dizziness, insomnia, etc.) recognized as

symptomatic of brain trauma will be evaluated as 10 percent

disabling and no more under 38 C.F.R. Part 4, Code 9304.

This 10 percent evaluation will not be combined with any

other evaluation for a disability due to brain trauma.

Anyway, BVA recently granted me 100 % P&T with SMC/S

back to 1999 or around there.

I am thankful for FINALLY getting my benefits -

but I don't have much love or confidence in the St Pete VARO.

Carlie passed away in November 2015 she is missed.

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  • HadIt.com Elder

I am at the ST. Pete VARO and after 41 years I am still fighting for what I consider a correct decision. I should have been 100% from the day after I was discharged.

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I think I've been pretty lucky, but it depends on your point of view. All but two of my decisions were fair; the others are in appeal.

Limbo is status quo for the VARO.

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Holy Heck, Carlie!! I praise your tenacity!! If it were me, I'd have given up and be sitting with zilch just like the VA wanted. Thank God you stuck with it to get what you deserve. I can work, and I know many are worse off than I am. I have reviewed the schedules for ratings, and what I believe suits my symptoms. The rating I calculate is 60%, but I don't think that I will be rated according to my diseases and symptoms. I HOPE to be, but I hold little faith in the process.

1 John 4:9

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  • HadIt.com Elder

I was discharged with 10% in 1971. I knew that was way too low, but I was physically pretty fit so I was able to go to school and function in society at a low level. Carlie started from less than zero just like some others here. I went for years without serious efforts to do much about my claim until the mid-80's when I got 30%. When I got fired in 2001 from my postal job I started to swing for the fences. I was angry that I was going to get thrown into the streets now that I had physical and mental health problems that would not allow me to find another job. By 2004 I had TDIU and SSD. Nothing like starvation looking you in the face to motivate you.

John

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