Some clarification needed!!

[DevilDog12]

I filed for an increase of my 30% rating for MDD.  My claim was decided in October 2015, with an effective date of April 2014.  So, basically I filed for an increase 3 months after the original decision.  I have been reading that if you file for an increase within one year of decision, it must be an NOD/Appeal.  Is this correct?  If so, are they going to treat the request for increase as an NOD/Appeal?

I had a C&P last week for the MDD, and was pretty confident afterwards.  However, if I should have filed an NOD, and not an increase, will they even rate it again?  The evidence is all there.  Medications have been increased by VA, and have been seeing a VA Psych.

I am confused as to how my claim for increase will be treated.  Increase or Appeal.  Help!

[Gastone]

Certainly sounds to me that you are disagreeing with the original rater's SC %.

Did you ever post a Redacted copy of your New FDC for Increase. Might help us get a better grip on exactly what your attempting to do.

I did something similar in 2014 while rated 90%. Filed FDC for a Secondary 02/14, awarded Secondary SC @ 0% 08/14. Not related to the FDC Filing, I was Awarded IU from 12 NOD 6/14.

Still thought I had a chance of the Secondary 0%  getting me a SA bump from current 50 to 100% SC. What to do, what to do, file a NOD and wait 3 or 4 years for a Hearing, not again. So I decide to file anther FDC 01/15  requesting the same Secondary, all med info with VA. Had a SA C & P 4/15, Dr shoots me down on the DBQ, real xxxx xxxx. Told me the 50% that I had, was all I could get.

Rating Decision 07/15 states Secondary still 0%. Figure at that point, time to get back on the NOD train. Planned to file the NOD 9-10 or 11, no rush, right: I'm already IU P & T No Future Exams.

BAM, still haven't received the award letter yet, but VA gave  me the Bump for my SA to 100SC 06/15 and Awarded SMC S (1). Paid the Retro end of 01/16 and started new comp rate 02/16.

You can never be sure of anything regarding VA Claims and how or when, the VA is going to make a Decision.

Semper Fi

[Gastone]

Don't be so sure, that a VA Rater can't deny your increase, just because of your Evidence of Record.

See my above 2/29 post, Denied SA increase 2014 FDC & 2015 SA increase FDC. Received Official VA Decision to continue my SA @ 50% 11/11/15 from 2015 FDC. Time to NOD, right?

Wrong, seems there's "Phantom Raters" at the VA. Unbeknownst to me, (1) of these "PRs" was eyeballing my recent Decision. Reversed the 11/11/15 Decision Letter, granted SA increase to 100% Scheduler with SMC S (1), from 2015 FDC.

My E-Ben site was updated 01/03/16 showing the "NEW" 100% SC and I received the Retro mid 01/16. Just received the Official Award Letter 03/08/16, the NEW Award was made 01/03/16. Same Day Service with E-Ben, I would never of believed it possible, go figure.

The 2014 & 2015 FDC's for increase were identical. Had I filed a NOD on the 2014 Decision, requesting a DRO Hearing, well my 06/14 DRO took 4.24 yrs; need I say more.

Semper Fi

 

[DevilDog12]

Wow....happy to hear about your increase to 100%!  Awesome news!  Still waiting on my decision.  Had my C&P's a month ago.  VA just received them on 3/7, so I will probably be waiting another few months.  Hope that's not the case, but I'm just being realistic.  

[Navy4life]

26 minutes ago, DevilDog12 said:

Wow....happy to hear about your increase to 100%!  Awesome news!  Still waiting on my decision.  Had my C&P's a month ago.  VA just received them on 3/7, so I will probably be waiting another few months.  Hope that's not the case, but I'm just being realistic.  

So you went the "increase route" correct?  Sounds like it is moving along.  What is your current status on Ebennies?  Does it show "INC" next to the contention under "pending disabilities"???

 

[DevilDog12]

Yes, went the increase route.  And it does show INC next to it on EBenefits.  The claim still shows that requested documents past due, but was told by Peggy that VA has received the C&P notes.  

[Navy4life]

4 minutes ago, DevilDog12 said:

Yes, went the increase route.  And it does show INC next to it on EBenefits.  The claim still shows that requested documents past due, but was told by Peggy that VA has received the C&P notes.  

That is a normal statement on Ebennies...I wouldn't worry about that.  What claim status are you in?

I am in PFD but won't move until after my DRO appeal is completed.  I had my hearing two weeks ago and was told by the hearing officer to expect up to 60 days for him to review my NOD.  That NOD is holding up my current FDC and that is fine b/c I want the NOD awarded first then the FDC will be approved regarding my right foot s/c and 100% temp. conv. 

The rater told me my FDC was "RTR" waiting Ready To Rate