Jump to content
HadIt.com Anniversary 24 years on Jan 20, 2021 ×


  • veteranscrisisline-badge-chat-1.gif

  • Fund HadIt.com

    107%
    $1,608.00 of $1,500.00 Donate Now
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

HadIt.com Anniversary 24 years on Jan 20, 2021
  • 0

VA Raters


Question

  • Answers 8
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Recommended Posts

  • 0
  • HadIt.com Elder

Veterans can always appeal a rating that they feel is wrong, based on the medical evidence VA has and the VA Schedule Of Ratings (available here at hadit).

They don't have much wiggle room with C & P results because they are not allowed to substitute their judgement as a rater, regarding a medical opinion. But still, how they perceive (or even ignore) medical evidence could warrant a low ball rating and many here have fought back on that.

We could better answer your question if you give us some specifics.

Link to post
Share on other sites
  • 0

I respect raters that spell out why the claim is denied; however I have no respect for persons whom purposely overlooks information.

The veteran works hard securing information, getting IME's, and specifically addressing reasons for denials in the initial stages.

Then after a 15 to 24 month wait (NOD), are denied again without the rater considering all new information submitted.

In addition, they conviently leave key information off the reason and basis for denial portion of the SOC.

It is really mind boggling and frustrating.................

Claims should be decided on medical evidence.

Not the laziness of workers, the politics of monthly budgets being met, or a potential bonus for administrators.

It seems the VBA is becoming the preferred way to make sure you have a "fair" appeal.

"NEVER GIVE UP"

 

 

Link to post
Share on other sites
  • 0

Y'all correct me if I'm wrong, but I've seen denial letters that were copy/pasted almost verbatim.  Even got a denial for something involving a "muscle" in my initial chronic sinusitis claim.  I think they copy/paste/cut more than actually sit down and examine the record and write a narrative of why they "personally" feel that a denial is warranted.

Just my thoughts on it.

Mark

 

Link to post
Share on other sites
  • 0

My C&P examiner opined that my condition was "less likely than not" related to service. His rationale stated " The bipolar disorder is a condition totally unrelated to service. Bipolar disorder is due to advance imbalances in the brain, cause most likely due to genetic conditions." My denial letter cut and pasted this opinion. 

As you can see, this doctor gave his opinion on bipolar disorder, not on me or my medical records. According to this doctors opinion, no veteran qualifies for compensation for bipolar disorder. He never mentioned me or my medical history in this rationale.

Still, the VA rater chose to accept this ridiculous excuse for a medical opinion to deny my claim. Costing me a minimum of 2 years additional delay.

I believe this was because I had filed an FDC and this exam came in very close to the 6 month target time for an FDC claim. So rather than have my claim hurt their FDC stats, he threw me into DRO limbo.

The worst part is that there really is no accountability for VA raters who pull this crap. They basically can do whatever they want and get away with it.

Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Ads

  • Ads

  • Similar Content

    • By Navy4life
      Hi everyone!  Hope all is well.  I just wanted to stop in and say hello.  I haven't been on here since late last year.  Life is going good.  As most know my story and it was a doozy, I finally got everything I deserved!  Overall 90% and I couldn't be happier.  It took a lot of hard work and sleepless nights and a lot of C&P exams and fighting the VA but I prevailed.  I was thankful for this sight b/c without it I would have never met a great guy that helped me with the final phase of my rating.  I am now just waiting on an EED for my contentions but I am really not really worried about it and if it happens great and if not, I am good.
      Don't give up EVER!
  • Ads

  • Our picks

    • I already get compensation for bladder cancer for Camp Lejeune Water issue, now that it is added to Agent Orange does it mean that the VA should pay me the difference between Camp Lejeune and 1992 when I retired from the Marine Corps or do I have to re-apply for it for Agent Orange, or will the VA look at at current cases already receiving bladder cancer compensation. I’m considered 100% Disabled Permanently 
      • 10 replies
    • 5,10, 20 Rule
      The 5, 10, 20 year rules...



      Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.



      Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.



      Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.



      If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"



      At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.



      NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.



      ------



      Example for 2020 using the same disability rating



      1998 - Initially Service Connected @ 10%



      RESULT: Service Connection Protected in 2008



      RESULT: 10% Protected from reduction in 2018 (20 years)



      2020 - Service Connection Increased @ 30%



      RESULT: 30% is Protected from reduction in 2040 (20 years)
        • Like
      • 41 replies
    • Post in New BVA Grants
      While the BVA has some discretion here, often they "chop up claims".  For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.  

      I hate that its that way.  The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel.  
    • Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!

      My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.

      Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!
      • 13 replies
    • I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even  reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and  nothing about stressor,
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines