Va Rating Reviewed For Compliance With Laws And Regulations

[add55p]

I was just wondering; If VA rates a claim and makes a mistake/error and the veteran observes it months later and informs the VA. Will the veteran be penalized financially (payback part of retro) if VA decides to decrease the rating based on their past mistake/error?

example: VA rated a hearing condition as Meniere´s Syndrome at 60%.. However, all of my evidence, as I see it is listed as peripherial vestibular, which should be rated at 30%. There are no doctor´s diagnosis or C&P examination that shows Meniere´s Syndrome symptoms.

Does the veteran have to ensure that their ratings are in accordance with law or do we accept VA rating decision as being reviewed and adjudicated in accordance with current law and accept the decision as it is written??

Add.

[add55p]

Andyman73

I definitely hear what you are saying!!!! I personally, was in that same struggle for VA benefits as you are referring to.

My claim was actually being (what I appear to be) ignored for about 2 years. Until I called the Office of case management 202 number, absolutely no movement and I mean no movement, on my claim. My Veteran Service office kept telling me that the 2 year wait time was normal and it could take up to 3-4 years..

After my VSO told me that, I decided that I had absolutely nothing to lose, and called the 202 number listed in this forum.

From then on, my claim received the appropriate attention that every claim should receive.

It is sad that I must consider myself lucky after being awarded compensation for my service connected disabilities. I believe that all of the upfront legal jargon that you get at the start of the claims process, makes you feel that it is a legal battle, rather than applying for what the government states as an earned entitlement..

Thanks for the reply..

[add55p]

GLW

I have looked over my treatment records and I have found multiple hearing loss symptoms noted continuously since service. The BVA noted 38 C.F.R 3.303 and I maybe the VA rater decided that the condition was chronic since service and rated it at the higher rate.

Thanks for the reply..

Add

[Andyman73]

Add,

I have the unique position, at work, of being the only Vet that did not serve during any active war or combat type actions. We have one Vietnam Vet, and 4 young guys that all served mid-2000s and were in theater, and were each injured during combat actions. One of the young Vets has no current SCD or claim. But I convinced him yesterday to look into it. The other 3 do have SCDs of various levels. However, one of them had filed for a foot cliam in the fall of '13, expecting 10%, went to his C&P, the examiner/doc had his complete Med file, ran him through the ringer and he ended up with 60% combined for 9 different SCDs. And that doesn't include PTSD. He is my definition of lucky, as far as SCD claims go. He told me he felt like he won the lotto.

Me, not so much, I languished for 16 years at 40% because I didn't know where to get help, that I felt comfortable with, till I stumbled upon Hadit.com. Now I know that I've been lowballed and kept in the dark about so much. I feel lucky(blessed) just by finding Hadit. And I've since learned that I can claim pretty much everything I've been living with since my AD days. Not only that, but secondary contentions as well. But the biggest one is that I can finally get help/treatment for my MH issues that I developed while on AD. Since I didn't have a traumatic event or combat experience, I figured I was not eligible for VA MH treatment or qualified to put in a SCD claim for it either. I learned from Vets here on Hadit, that the VA regs for PTSD changed a few years ago, and you no longer need a Nexus event, but if you have the markers, then you qualify for the claim.

And I'm quite sure I'm not the only one who feels like this. Even this morning I was speaking to a VSO from the VFW, off the record, and found that I have a strong case to get one of my recent denials reconsidered(I'm well within the 1yr window)from the evidence I showed him. I told him that even though he is not representing me, I really appreciated his time so very much, and thanked him for his service.

Sorry for rambling, I tend to wander, a lot.

Semper Fi.

Andy