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!

[broncovet]

Its unlikely it will harm anything because the VA already gives you the worst treatment possible.  The VA "frowns" on us just for being Veterans and taking their precious time of hardworking government clerks  to apply for benefits.  VA considers most Vets as drug addicted, alcoholic freeloaders trying to con the VA out of benefits, and deny 85% of first time claimants, knowing only about 12 percent of those will appeal.  

Make no mistake:  The VA will fight you tooth and nail for every dime.  If you give up, you lose.

The chief Justice of the US Supreme court was "startled" that VA takes a posiion against the Veteran that is "substantially unjustified" between 50 to 70 percent of the time.  (I have quoted this before).  

This means VA lawyers propose bogus arguements against the VEt most of the time hoping the Veteran will abandon his claim, get to sick to persue it, die or give up.  They are usually right, that most VEts dont appeal, give up, or die.  

Just look up CAVC or BVA statistics.  MORE THAN half of VEts get at least a remand or an award.  (The bva chairman says about 46 percent are remanded, and about 25 percent are granted.  The Vet looses at the bVA only about 13 percent of the time, when he hires a lawyer.  

Edited April 4, 2016 by broncovet

[Navy4life]

DevilDog;

I am trying to catch up on this thread and see if I can help you.  The MDD rating of 30% is what you filed for as an increase correct?  If so, that is NOT considered a NOD/Appeal but rather a new claim for an increase.  If awarded for the increase you will get the effective date of the day the symptoms worsened based on the medical evidence.

Are you trying to get to 100%?  I see you are at 90% currently.  If so, it will take a good bit of additional % to get to 100%.

What are all your current ratings right now including any bi-laterals?  Are you rounded up or down to 90% and if so, what is the rounded number?

[DevilDog12]

No, I was awarded an increase for the MDD.  This is for Migraines.  I have missed about 20 days of work this year so far because of them.  Been seeing Neurology at VA for this, and they said that they think I should be rated at 50% rather than 30%.  Now, I know it's not their call, but I went ahead and filed a NOD for them.  Now, I can still work, however, I am exhausting most of my sick leave because of these Migraines.  So, at my next appointment with Neuro (tomorrow) I am going to ask if they will fill out a DBQ for me.  Not sure if they will do that or not, but worth a shot.  I also have a list of all the days I have had to miss work, or go home early due to headaches. 

As for trying to get 100%, if it happens, then great, but I know it's going to be tough.  I am rounded up to 90% with a 87 total.  But I am also appealing some other ratings.  As for Bi-lateral, I'm not sure what that is.

[Navy4life]

Devildog;

Okay then what is this???

On 2/25/2016 at 5:36 PM, DevilDog12 said:

I filed for an increase of my 30% rating for MDD

So you filed for an increase for MDD and you are now filing for Migraines?

On 4/3/2016 at 11:26 AM, DevilDog12 said:

This is for Migraines, and I am currently seeing a VA Neurologist, and have been prescribed stronger meds.

What are you currently S/C for % wise for Migraines??? ^^^^

On 4/3/2016 at 11:26 AM, DevilDog12 said:

I have a NOD filed for a certain claim, because I disagree with decision.

What contention??? ^^^^

Bi-lateral's are ratings for "both" body parts such as arms, legs, etc - https://www.law.cornell.edu/cfr/text/38/4.26

Seeing that you are 87% rounded up to 90% it will take you at least 60% to get to 100%.  Look at this CFR table, go down on the left side to 87% and see across where you would need to be for 100%.  It's another 60%. 

http://www.ecfr.gov/cgi-bin/text-idx?SID=6338d97b4fb9053c6488c6951cb558ec&mc=true&node=se38.1.4_125&rgn=div8

The reason I am asking this is because if you are satisfied with your disability rating, all your medical is covered now and you can get the help.

Trying to help you but not sure you are providing all the information.

 

Edited April 4, 2016 by Navy4life

[DevilDog12]

The NOD for Migraines was filed awhile ago.  The increase for MDD was increased as of last month.  I was going by Broncovet's statement of filing a NOD and an increase at same time, due to NOD's being slower.  Again, I am just going by recommendation of VA doctor for the increase.  I also have other issues appealed, like Hiatal Hernia, and Sinusits.  These were filed as NOD with the Migraine NOD.  Below are my ratings.

Migraines 30%

Depression 50%

RLS 30%

Sleep Impairment 30%

Scars 20%

Sinusitis 10%

Hypertension 0%

The Hiatal Hernia was denied the first time, and I did not even receive a C&P for it.  I may have a shot at 100% if everything works out in my favor.  The MDD is a separate claim.  I was only asking because Broncovet said sometimes its good to file an increase and NOD at same time.  Never did that, and didn't know if it was allowed.  However, I am just going to wait out the NOD for the 3 contentions.  The only "Bi-Lateral" factor I may have is the RLS.  It affects both legs, and both arms.  How would I go about getting a Bi-lateral rating for that?

[Navy4life]

I filed my NOD 2014. I filed my FDC for increase and 100% temp conv. It just completed the other day. I got my increases and my temp 100%!  NOD is still pending. 

The bi-lateral is only factored if it warrants it. Read the link I provided in my last post about it.