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Appeal Or Request Increased Compensation


huskerfanfl

Question

In July 1993, I received an SSB. I subsequently went back on active duty and retired from the army in Sep 2004. In November 2004 I received my disability compensation award of 50% (I received 10% for seven different claims and 0% for 5 other claims although service connected). In March 2005 I filed a NOD regarding the 10% I received for my back and 2 of the items I received a 0% for, to include hypertension. I sent an email message (I guess that is what it would be called) requesting the status of my appeal and was told that they are now up to the appeals for Feb 2004.

Because of the SSB, they are collecting most of my retirement pay and I get my disability, although that was a battle in itself in that VA initially collected the compensation as well. When I finally started getting my disability compensation, in May 2005, I requested that DFAS pay me my concurrent receipt that I was not paid from the time I was awarded disability compensation to the time I finally started receiving the money. Long story short, the request was denied. I have heard that other vets have been told the same thing.

With all of that in mind, would I be better off letting the appeal go through, or dropping the appeal and requesting an increase in the amount of compensation for those three things as well as others that I am going to request an increase for anyway?

As far as I can tell, the only advantage of letting the appeal go through is that it may give me less taxable income and I would have to file an amended return to get that.

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Its up to you but I would do both, I do not know much about the CCR but I think at some point with the total % from the VA you will reach the CCR threshold and will get both instead of waiting for the phase in.

Appeal all that you were given 0% on......Get IMO if needed, and protect your EED date.

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Guest rickb54

as JR said...

You should appeal this will protect you original effective date if service connected is awarded.

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If you retired and are at 50% you are intitled to concurrent receipt payment. I would tick them off and take the denial letter to your congressman and let them get their @?! chewed on. Definitely pursue any and all increase you feel are not accurate as entitled in Title 38.

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Absolutely-pursue those VA claims-

and do not overlook the info and the current discussions at Military.com on this issue-

http://www.military.com/Resources/Resource...8349--1,00.html

CRSC and CRDP is explained on many web sites-

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Thank you all for the advice. I am still gathering additional evidence from my civilian doctor to back up my cliams. Some of the issues that I received a 0% evaluation for have worsened in the last two years, others that I had received a 10% rating have also worsened. I have also received advice from a good friend concerning my mood. She recommended that I take a self-evaluation that she had regarding depression. It is actually the same that the VA uses for self-evaluation. Turns out that I scored 21, my frined told me that based on what she has heard from my wife and had observed that she felt I was even worse. A score of 10 is an indication that I should see a mental health counselor (VA's recommendation). I wish that I had pursued the issue while on active duty but I had not. I did have an issue with accelerated heart rate, chest pains and breaking into a sweat that resulted in me having a heart cath done, as well as having my gall bladder looked at, but they could not find a cause. I have continued to have the symptoms. I finally broke down and made an appointment with the mental health folks at the local VA clinic. I am hoping that if diagnosed they can tie it in with the pain from the disabilities. The symptoms initially presented after I was diagnosed with right hip bursitis which limited my mobility and was quite painful.

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