bm6546 Posted June 10, 2013 Share Posted June 10, 2013 I have a sorta dumb question. I know, the only dumb question is the one not asked. At least thats what I used to tell my students many years ago when I was teaching. Heres my question: If I appeal the Effective Date with the VA on my new claim, what are the chances that they will reduce my rating? Or say something like, we made a mistake and take my rating away from me. I waited for 7 years to get this rating and a little money and don't want to piss them off by asking for more money. Does this sound a little paranoid on my part? Has anyone else thought about this when they have won a claim with the VA? Or is it just me? I guess I just need a little reassuring. Or else I need a big hug from someone to tell me that it is going to be alright. Geez...does that sound sappy or what!! I've waited this long and I'm not giving up....NEVER!! Link to comment Share on other sites More sharing options...
HadIt.com Elder Philip Rogers Posted June 10, 2013 HadIt.com Elder Share Posted June 10, 2013 Thank god, another stupid question!!! (only kidding) People will say don't rock the boat but if you feel the rating should be higher or that the effective date should be earlier, I say, file the appeal. The VA should go by the date when that level of disability was discernable. The VA often lowballs claimants. jmo pr Link to comment Share on other sites More sharing options...
rpowell01 Posted June 10, 2013 Share Posted June 10, 2013 You need to look at your C&P exam report and see if there some low ball ratings they gave you that is not in the guidelines. Get to know the guidelines and then you will understand the C&P report... Link to comment Share on other sites More sharing options...
carlie Posted June 10, 2013 Share Posted June 10, 2013 I have a sorta dumb question. I know, the only dumb question is the one not asked. At least thats what I used to tell my students many years ago when I was teaching. Heres my question: If I appeal the Effective Date with the VA on my new claim, what are the chances that they will reduce my rating? Or say something like, we made a mistake and take my rating away from me. I waited for 7 years to get this rating and a little money and don't want to piss them off by asking for more money. Does this sound a little paranoid on my part? Has anyone else thought about this when they have won a claim with the VA? Or is it just me? I guess I just need a little reassuring. Or else I need a big hug from someone to tell me that it is going to be alright. Geez...does that sound sappy or what!! My question's back to you are: What did VA use to support the effective date they granted ? What do you have that rebuts the above and supports an earlier effective date ? Carlie passed away in November 2015 she is missed. Link to comment Share on other sites More sharing options...
bm6546 Posted June 11, 2013 Author Share Posted June 11, 2013 Thank god, another stupid question!!! (only kidding) People will say don't rock the boat but if you feel the rating should be higher or that the effective date should be earlier, I say, file the appeal. The VA should go by the date when that level of disability was discernable. The VA often lowballs claimants. jmo pr pr, Aren't we all full of stupid questions but are afraid to ask. There were several of my students that wanted to ask that stupid question and were really happy that someone else asked it because they were afraid to. I was wondering about the rocking the boat and just leave it alone. But it seems that when I filed my original claim in June 2006, nothing has changed with my condition. Well, actually, I am feeling much better since my Heart Ablation in Oct 2012. But I don't want the VA to say "Well, you had a Heart Ablation and now your fixed so you don't need the 30% rating and retro now" I feel just the opposite has happened. The VA finally realized that my PSVT has gotten a lot worse and I needed to have the Heart Ablation to help fix things. Maybe this veteran really does have a problem with his arrythmias so maybe we should give him the rating he deserves. I met yesterday with my VSO and discussed it with him. He told me he wants to consult with someone at the AL and will get back to me with what they think is the correct way to handle this. I am just at a quandry as to what to do at this point. Thanks, Brian I've waited this long and I'm not giving up....NEVER!! Link to comment Share on other sites More sharing options...
71M10 Posted June 12, 2013 Share Posted June 12, 2013 If the VA follows the rules, any rating you received as part of the current decision should be safe from reduction during a review undertaken as part of the appeal. With that said, they can do anything they want to after that appeal is closed!. My most recent appeal decision from Detroit VARO (that granted a 100% rating). Included a nifty little sentance. That mentioned they want to schedule a future cardiology exam to see If I have had improvement(none of the medical conditions addressed in the decision were related to the heart). Isn't that so considerate! I was diagnosed and service connected for arthritis in 1988 and given a 0% rating. For 18 years they never ever wanted to see if it had improved, but I guess that was because they never ever wanted me to look at my service medical records, because then I would see they knew I had heart disease and hypertension that the Army didn't treat and the VA didn't want to pay for! I don't know if the information helps in your decision or not. If your position is just, don't fear these fools! Best regards, Link to comment Share on other sites More sharing options...
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