On Notice Of Disagreement Should I Request Percentage Increases

[knap-sack]

When I was reading instructions for NOD I saw somewhere it said to request what you believe your entitled to for percentage increases.

I did request what I thought I was entitled to.

[georgiapapa]

knap-sack,

As long as you used the Schedule of Ratings in 38 CFR part 4 for each of your claimed medical conditions and matched your symptoms with the symptoms listed in the appropriate percentage level for each claimed medical condition, you should win your NOD if your medical and other evidence confirmed your diagnosis, symptoms and nexus to your military service. JMO

GP

[Gastone]

The only thing I can add is, your wording. I personally would say something like " I agree with the oo/oo/15 award of SC for my ?? Condition. However I disagree with the Disability % assigned. I believe my DX and Symptoms when compared to the 38 CFR 4 rating criteria more closely qualify for a Minimum Rating of ??SC," or something to that affect.

Your filing your NOD, are you going BVA or the DRO Hearing route? With the DRO, you must have "New & Material Evidence" that was never available to the original Rater. Without the N&M Evidence you probably are doomed to a continuance of the original SC %.

Semper Fi

Gastone

[marine0816]

I'm shooting for 100% so I don't mind paying 20% for professional help as long as I win in the end. Good luck on your appeal..

New and Material Evidence

https://www.law.cornell.edu/cfr/text/38/3.156

[jbasser]

Don't ever request a percentage outright. If you do you risk lowballing yourself.

What should be done is to state the following. I should be rated at the highest percentage listed in the title 38 CFR part 4 as it applies to my disability issues.

Basser

[marine0816]

Don't ever request a percentage outright. If you do you risk lowballing yourself.

What should be done is to state the following. I should be rated at the highest percentage listed in the title 38 CFR part 4 as it applies to my disability issues.

Basser

I actually did that just being humble about getting any rating.. I had to withdraw that NOD and start all over

[lotzaspotz]

I heartily agree with Basser. Telling the VA what percentage you want is like telling a car salesman what you're willing to pay for a car you fancy before you know what the sticker says. You could be significantly off the mark to your disadvantage. The VA knows two things in this regard:

1) You are not a doctor, therefore you cannot diagnose either the existence of a disabling condition, or the level of its severity. They remind us of this all the time when it's convenient for them to deny evidence like personal narratives from the veteran, from relatives and buddy statements as "not credible" because they are lay persons not professionally trained to evaluate medical conditions. Therefore, the percentage to which you think you're entitled is irrelevant and the question, I would argue, is to bait you into a lowball ratings trap or a denial outright, and

2) The VA is obligated to give you the highest rating justified by the evidence. It must explain, in detail ( and this is what they often fail to do in detail, instead making bald conclusions without using the word "because" or its equivalent addressing the evidence), why the evidence doesn't support a higher rating. It's all about the evidence and the weight given it.

Don't get sucked into that trap, Basser is quite right.

Edited March 3, 2015 by lotzaspotz