Is it normal for the VA to issue an interim rating decesion pending more evidence? - Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC - VA Disability Community via Hadit.com Jump to content
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Is it normal for the VA to issue an interim rating decesion pending more evidence?

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highoctane

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I made a precious post about a reconsideration I was thinking about filing and this question is related to that claim but I think the scope has changed enough to warrant a new thread. Background, I was diagnosed on AD with CAD, VA denied claim for same citing "no clinical diagnosis". The diagnosis was all over my records...they obviously didn't look. Anyway DAV VSO suggested getting a letter from my military cardiologist who diagnosed me and submitting it with a reconsideration. I did so back in May. VA then scheduled me with a VA doc for a C&P early this month. The VA doctor estimated my METS based on a questionnaire ad a t review of my medical records at >3-5. Yesterday my claim was at prep for notification, today it is back at gathering evidence, but also says decision letter sent. Now here's the part that I have never seen anyone mention before. On my disabilities page I now have a 10% SC rating for my CAD..but the claim is still open and it shows that they are awaiting evidence from others...I am assuming this means another C&P, probably an Echo(which I had during my initial C&P last October) or a stress test(which I also had a current stress test on record when my initial claim was filed). My question...is it common for them to rate a claim before having all of the evidence? And to rate it in disagreement with a VA doctors eval to boot? If so why?

 

 

Any opinions would be appreciated.

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Oh and since they issued a decision does this reset the NOD clock? I'm concerned it may not, and maybe they are just trying to drag this out and let my time to appeal expire. I mean I reopened a CAD claim shouldn't they have requested an Echo or stress test the first time instead of me waiting 4 months to go to a VA doc and do a records review and questionnaire? This is getting ridiculous.

 

Winston-Salem is the RO BTW.

Edited by highoctane
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The VA Rating Dept sometimes works in strange and mystical ways.

Your CAD without Bi-pass or other Cardiac Surgery may only be a 10% SC. Would really have to see your CAD C&P DBQ. What did your VA Echo results show? Your 3-5 Mets should get you above 10%. In your Award letter, what did the Rater give as a reason for the low rating?

As to the NOD Clock, why take a chance, get locked and cocked; ready to file before the original Last Day of your 1st appeal period. You don't want to take a chance regarding any of your other Denied issues becoming final due to failure to file a Timely NOD.

Semper Fi

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I got the letter today, all it says is rated at 10% for continuous meds. Doesn't explain why they chose not to follow the VA doctors assessment. They didn't have me get an echo or a stress test and they totally disregarded my current VA C&P exam and apparently they used a echo from 2013(which they had when they initially denied the claim and failed to look at), I guess now it's good enough to use even though it is over 2 years old. Even if there was a questionable disparity between the VA C&P and a 2 year old test shouldn't they request a current test? A lot can happen in 2 years when you have heart disease like I do and nothing controls your seriously high LDL. 2 years ago right after I got my stents I could jog, now I get pressure in my chest rolling up a water hose. What is strange though is the claim is still showing as open in e-benefits and is at gathering evidence with an outstanding request to a "VA medical facility". My ASSumption was this will be for an echo or stress test, but if that is the case why did they issue  decision?? Nothing in the paperwork indicates that anything pertaining to the claim is pending, the paperwork looks like a closed claim.

 

Thanks, R

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Long story short the 10% rating was a deferment  because of wrong box being checked by the doctor on my exam,but the paperwork explaining that was missing from the decision package. An e-mail to Ms. Hickey led me to learning that was the hold up, and that got the ball rolling. It all sorted out quickly and my claim went from gathering evidence to complete in about 10 hours, approved at the appropriate rating! I must say once I was able to actually speak to VA employees inside the system it made all the difference in the world...they were fantastic.

Edited by highoctane
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