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Nod Vs Increas On 0%

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USMC_VET

Question

I received a 0% for migraines. as has been reported in another thread i was pretty naive with VA claims until i discovered this forum and others regarding my reduction.

My last decision was 0% for migrains and then a denial of increase on ptsd and proposal for reduction.

My question is this...

I am putting together Doctors notes form private phsyicians as well as a consult with a neurologist on the headachs in combination with a headache diary, etc. because i believe i deserved a higher rating. I was told by a VA person, dont worry in six months file for an increase. However the Migraine was backdated 2 years at 0% , i dont want to reopen for an increase i want to appeal the 0%. Do i need to file an appeal on this specific claim to get it reconsidered for the higher rating w/backdate? or would it be better to go with the increase?

I also dont want to get this tangled up with the reduction proposal which was on the same decision.

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In my opinion NO. VA just started an (Official Request for Reconsideration) step in the appeals process. Keep in mind that this step doe not do anything to the NOD filing deadline of 12 months from date of Denial. I really haven't come across any postings deal with the New Reconsideration use, as yet.

Get all your Supporting Documented Medical Evidence together and along with a "Sworn Affidavit" forward it to the VA as New & Material Evidence. This could, and per VA Regs should, trigger a VARO Automatic Review of your Denial by a Senior Rater or DRO. giving deference to the original Denial Decision.

You must still file your NOD---Go for the RETRO!

Semper Fi

Gastone

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Fight to the end. Don't miss the appeals deadline. I don't know if you are able but an IMO/IME would be a good investment if you can. Heh this might be a silly ? but do you have your service medical records? Or better yet your whole C file? :unsure:

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Fight to the end. Don't miss the appeals deadline. I don't know if you are able but an IMO/IME would be a good investment if you can. Heh this might be a silly ? but do you have your service medical records? Or better yet your whole C file? :unsure:

C file request went out Thursday. Have doc notes regarding migraines from private doctor. Going to go get neurology consult and get some more evidence that way. I don't have enough to pay for a imo/ime but I'm hoping good history of private doctors notes and headache journal will help. I have prescription for gabapentin from private physician.

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USMC

A few years ago, I pointed out that in VSO's charter, they promise to "cooperate with VA". Your VSO is doing his best to live up to that and represent the needs of the VA, and not that of the Veteran, reminding you that the VSO's are compensated by VA, not by Veterans (except for a few donations).

Your VSO suggesting you "wait, dont appeal, and apply for an increase" serves VA's interests well, but hurts you. By appealing the effective date, and the disability percentage within a year, you keep open the possiblity of a nice retro check, while waiting for an increase means you lose out.

You should consider firing your VSO for this very bad advice, and get a more Veteran friendly VSO instead. Or, by using hadit, take control and go pro se. You dont need a VSO who is helping VA. Its like using your neighbor's attorney to represent you, when your neighbor is suing you. You want someone on YOUR side, not on VA's side. Dont beleive the baloney about a VA system being "claimant friendly, non adversarial, and ex parte."

Ex parte means that you are "not opposed"..its kind of like if you sue someone and they dont show up to court, you win by default as your petition to the court is un opposed.

VA has about 500 lawyers on staff who do NOTHING but oppose Veterans who are appealing their benefits. None of these lawyers represent Veterans, instead, all of them represent VA's interest in denying you.

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