ArNG11 Posted April 11, 2015 Author Share Posted April 11, 2015 Well I received the official decision on my NOD today via snail mail. Although I knew the results from my rain maker and the effective date before I got this I'm still left wondering if this decision is correct. My agreement with the decision is that I had a back injury in service, active service made it worse, I filed a claim and am entitled to benefits. The exception is the amount of the rating and when I was entitled to it. I am not satisfied with it. Not because I am being greedy, but because it is contradicting regulation and law. The evidence is there. The service connection is there. My injury was an injury sustained in Guard service during pre deployment training. My injury was made worse during the course of train up and active military Title 10 orders. One year of active military service in Iraq. I have continuity of treatment and documented medical evidence that the injury has worsened. Not by one or two doctors but several medical professionals. Reading and I'll admit, obsessing, about the results of my battles. Hell even doubting my rain maker. I feel like and believe that I am or at least he is stating not to rock the boat, to take what they are offering or it can cause problems. I feel like this in every bit of my bones and being is an incorrect rating and decision. The results are as such: Lumbar spine, degenerative spondylosis and vertebral body compression deformity L1. Old percent assigned 10%. New percent assigned 20%. Effective date May 20th 2014. Not paying attention to my other claims as they should not have any bearing on the decision that was made in 2013 regarding my back. I can literally argue every point in which the reasons for the afforded ratings are wrong and contradict regulation and law. It goes against what the evidence indicated at the time the decision was made and the evidence the VA had at the time of making the decision. I feel that I was entitled to the 20% on my back from the submission of my back claim in 2012 and that in the time of appeals and multiple claims, an entitlement to 40% effective from 20 May 2014 would be deserving according to the evidence and results from private back, nerve DBQ's, and Functional Capacity exams for my back. I am asking for brutally honest opinions here. I would like a no BS assessment of the rating criteria as I've read it at least a few hundred times. I am obsessed, yes, no doubt about it. But I have this gut feeling, a feeling like I had when I was in the dessert, before we got hit and the alarms went off. That I should be fighting for more than the decision afforded to me at the time. Oh one more detail. I've been advised by my rain maker, a respectable entity in our fights against the VA, not to pursue this. To leave the back claim alone. Have at it Hadit. Fire at will. Destroy my claim and stance. I know that we all respect each other here, or at least try to. So I am asking to hit this like you were a VA rater and decision maker trying to deny the claim. Link to comment Share on other sites More sharing options...
SergeantQ Posted April 14, 2015 Share Posted April 14, 2015 Congrats -way 2 go!!!! ?✌️ Link to comment Share on other sites More sharing options...
ArNG11 Posted April 14, 2015 Author Share Posted April 14, 2015 Hey Thadline long time no hear. Thanks. Hope all is well with you. How have things gone? Link to comment Share on other sites More sharing options...
SergeantQ Posted April 14, 2015 Share Posted April 14, 2015 Pretty good - pretty good. That's awesome about your win!!! I'm living through you right now! Link to comment Share on other sites More sharing options...
ArNG11 Posted April 14, 2015 Author Share Posted April 14, 2015 (edited) We all need to appreciate what wins we receive. I'm the same way, when I'm down, pain not being controlled, reading about other people's wins helps even if briefly so. Edited April 15, 2015 by ArNG11 georgiapapa 1 Link to comment Share on other sites More sharing options...
SergeantQ Posted April 14, 2015 Share Posted April 14, 2015 Yeah but a win for you is a win for me. I'm happy that everyone is getting wins - I'm keeping hope alive on my end too but at least good news is happening around me. My day will come - for now let's celebrate your win!!!! ArNG11 and georgiapapa 2 Link to comment Share on other sites More sharing options...
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