Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

How To Disagree With Rating

Rate this question


autumn

Question

i was recently awarded the secondary issue ratings for ms, tot=170.

one thing i'm curious about, is it listed 10% arthralgia for each foot but i don't ever recall getting x-rays, mri's, complaints of foot arthralgia. joint pain is one thing, but the pins, needles & pain in my feet arn't joint pain that i know of.more likely than not, spine or ms related i would think.

they rated my cervical issues at 10% though a non-VA surgeon(s) recently said i needed surgery there but was leery to do it due to my ms.

my question is how, do i go about disagreeing with this?

Link to comment
Share on other sites

  • Answers 6
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

6 answers to this question

Recommended Posts

There's a saying. Don't rock the boat. You're rated at 100%. What do you expect to gain by filing a NOD?

Member of the Church of the Enlighten Pistolero.

I may be out-manned but I'll never be outgunned.

Shoot to stop the threat or till the magazine is empty.

Link to comment
Share on other sites

There's a saying. Don't rock the boat. You're rated at 100%. What do you expect to gain by filing a NOD?

all i was thinking was the getting the correct ailments listed. that was all. years of having the incorrect listings "i guess" has left me a bit uneasy.

Link to comment
Share on other sites

leave it alone, unless it gets to the point where you can not put weight on your feet.

even if the condition isn't "arthralgia" in my ankles? just leave that as it is? i see you all's point about it all. but don't auto assume i'm just out to 'gain' more. it has more to do with getting the "correct" medical issue listed. thx for the replies

Link to comment
Share on other sites

  • HadIt.com Elder

autumn - I don't think anyone's saying you're trying to get more and shouldn't. The point is you're now at 100% and anytime they look at your claim they could also re-evaluate your claim(s) and possibly reduce your award, even in error, which could take some time to correct. If you feel the need to have it corrrected then go ahead with it. Just be aware of the minefield you are entering and whether the risk will be worth the possible results. Good luck, whatever you decide! jmo

pr

Link to comment
Share on other sites

autumn - I don't think anyone's saying you're trying to get more and shouldn't. The point is you're now at 100% and anytime they look at your claim they could also re-evaluate your claim(s) and possibly reduce your award, even in error, which could take some time to correct. If you feel the need to have it corrrected then go ahead with it. Just be aware of the minefield you are entering and whether the risk will be worth the possible results. Good luck, whatever you decide! jmo

pr

point well taken. that mine-filed has irreversibly changed me over the years so, no, it isn't something i want to revisit. yet years of incorrect diagnosis triggers that personality change. with ms, another c&p will present itself in the future, i'll take care of it then. thanks for the replies

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • Lebro earned a badge
      First Post
    • stuart55 earned a badge
      Week One Done
    • stuart55 earned a badge
      One Month Later
    • Lebro earned a badge
      Conversation Starter
    • Sparklinger earned a badge
      First Post
  • Our picks

    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
    • Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
    • Good question.   

          Maybe I can clear it up.  

          The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more.  (my paraphrase).  

      More here:

      Source:

      https://www.va.gov/disability/dependency-indemnity-compensation/

      NOTE:   TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY.  This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond.    If you were P and T for 10 full years, then the cause of death may not matter so much. 
×
×
  • Create New...

Important Information

Guidelines and Terms of Use