A little background before I get started. I filed for compensation for my lower back condition back in 2009 and was subsequently denied. Then I applied again with new evidence and was denied again because the VA stated that my condition was not service connected and no evidence was in my SMR. I was awarded other service connected disabilities and others denied. Anyway, I appealed the denial of service connection for my back and requested a DRO to review my case. I went to my hearing in April of this year and was approved for service connection at 10%. She stated that she is not sure why they denied my claim because all of the evidence showed that I was clearly service connected. Keep in mind that I brought my own SMR to prove this during my hearing. This just tells me that they did not request it back in 2009 or review what I sent to them. So I disagree with the percentage I was rated by the DRO and I think it should be much higher. I am filing for TDIU for my migraines rated at 50% and my lower back. Should I file the NOD and the TDIU at the same time? Also do I file the NOD and request a DRO to review it again or file the NOD and ask for BVA review? Please help. Also I think that there could be a CUE for the effective date for my initial denial for my back. Not sure what to do next.
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Adrianaj
A little background before I get started. I filed for compensation for my lower back condition back in 2009 and was subsequently denied. Then I applied again with new evidence and was denied again because the VA stated that my condition was not service connected and no evidence was in my SMR. I was awarded other service connected disabilities and others denied. Anyway, I appealed the denial of service connection for my back and requested a DRO to review my case. I went to my hearing in April of this year and was approved for service connection at 10%. She stated that she is not sure why they denied my claim because all of the evidence showed that I was clearly service connected. Keep in mind that I brought my own SMR to prove this during my hearing. This just tells me that they did not request it back in 2009 or review what I sent to them. So I disagree with the percentage I was rated by the DRO and I think it should be much higher. I am filing for TDIU for my migraines rated at 50% and my lower back. Should I file the NOD and the TDIU at the same time? Also do I file the NOD and request a DRO to review it again or file the NOD and ask for BVA review? Please help. Also I think that there could be a CUE for the effective date for my initial denial for my back. Not sure what to do next.
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Berta
INDEED! It is certainly a CUE and/or 38 CFR 3.156 error. "I filed for compensation for my lower back condition back in 2009" Was the NSC rating at 10% then? "I went to my hearing in April of this
FormerMember
Yeppers. This has a Fenderson v. West staged rating all over it, too. File the NOD and make darn certain sure you ask for the higher rating percentage but more importantly, the earlier filing date tha
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