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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!!

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  • HadIt.com Elder

My first decision ignored my real claim but gave me 30% for flat feet. The only reason that happened was my VSO asked for it

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My first decision was made by the Boston RO, in 1986 denied sc for asthma, even though that was the primary reason that the Army retired me.In 1987 I moved to Texas and then wrote a letter to the DAV in Waco Texas, and the DAV gave the letter to the va as my NOD, and CUE claim. Waco granted my claim of CUE, but I now realized that even though they agreed with my cue claim, they still screwed me. Instead of granting a 30% rating from the initial date of the claim, they minimized the back pay by granting 10% initially, and 30% from the second year. I should have appealed it based on the initial rating but at that time I was just happy to get credit for the asthma,

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What a debacle. I hope you are awarded for any appeals you may have pending. It would seem, logically, if they adjudicated fairly the first go around they wouldn't have to deal with appeals for years to come. But maybe that is job security for them. Backlog = job security?

I wish you luck!

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  • HadIt.com Elder

AFMedico

Yes, if the VA had not excluded crucial evidence from my rating decision back in 1973 I might have gotten a more fair decision, but I would not have gotten a truly fair decision without a knock-down, dragout fight. I did not know how to play by their rules. I was just too crazy to be "processed" like a good and compliant veteran. My feeling today is that the army and VA were doing all they could do to limit their liability. They wanted me and my generation out of their hair. It is always about "money" with the VA and the military. They don't want to pay for what they help to break.

John

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AFmedic09

I filed my first claim in 1970 for shoulder & upper arm injury received in jeep accident in Vietnam in 1968. The Atlanta VARO granted me service connection but at 0%. I appealed and was still only awarded 10%. This claim took about 2 years.

In November 2010, I filed a claim with Atlanta VARO for hearing loss and tinnitus. I have to give credit to Atlanta VARO for handling this claim properly. I had my C&P exam in February 2011 and I received a letter from the Atlanta VARO in June 2011 granting me 10% for bilateral hearing loss and 10% for tinnitus. Total of 7 months from start to finish.

However, my luck ran out on my next claim to the Atlanta VARO in October 2011. I filed a claim for AO Multiple Myeloma and peripheral neuropathy secondary to multiple myeloma. In late November 2011, I sent a large package of evidence to the Atlanta VARO supporting my claims. I sent the package certified mail return receipt requested and received the green card back showing an employee of the Atlanta VARO signed for the package on December 5, 2011. Today I received a development letter from the Atlanta VARO advising they had not received any evidence from me and that I should provide the evidence by May 6, 2012.

You really don't know what to expect when you file a claim. It's like playing russian roulette with five bullets.

Georgiapapa...

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All the great succes I have had from the Atlanta regional Office have been when they have sent my claim to another site to be rated.

First , i filed a claim in 1997 was award 0 percent for everything., nothing,

I appeal in 1999, then I was award 10 percent for migraines, s/c connected for anemia, gerd, sinus.

In 2007, when I learn something about va claims, i filed for increase for all issues above., then i recieved

50 percent for migraines and 10 percent for gerd.

Then in 2008, i filed for increase for gerd and sinus, i recieved 30 percent for gerd and 10 percent for sinus.

Now, I have a EED in for everything., So, waiting to see what happens

REDDIT

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