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Appealing Retro Pay Percentage
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Jimmer
Hi Everyone, thanks for all the get info that you have provided, it has helped me, to really begin to understand the nonsense that the VA pulls on us veterans. I have a question, and your help would be greatly appreciated. I had filed in 2007 for SC disability on my left eye. The VA fought this repeatedly, saying I had poor eyesight prior to joining the military (not true) to just flat out denying with vague answers(Doesn't meet the criteria for SC disability). In October 2013 I had a BVA hearing, in which they agreed my eye problem was service connected. I was awarded a 10% disability, which I immediately appealed. In February 2015 I had a eye exam at the VA, and they raised the disability to 60%. Then later in 2015 they "CUED" themselves and raised the rating to 80%. I had felt the VA purposely "low balled" my initial award because it went back to February 2007, of seven years. This is the kicker" I just found the letter that I had provided to the VA from five different board certified ophthalmologists that stated my exact vision of both my left and right eye. Looking at the code of ratings (CFR 4.79) my rating fell between 50% to 60%. In other words, the VA had this information, prior to assigning me the rating, and they deliberately ignored it to come up with their measly 10%. I felt this was done purposely to avoid paying a higher rating covering seven years. What would be my best way to proceed? Hire a lawyer, File a CUE? As I said, they had this information, (even mentioned it in one of their denial letters) but choose to ignore it. Thanks.
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FormerMember
The only problem with hiring an attorney is that you've been awarded the majority of the monies and there is little or nothing for a VA attorney to make it worth his/her while now. I see this frequent
broncovet
This happens a lot. The VA's favorites, are in this order: 1. Delay, hopefully until you die. 2. Deny when they can, award only if they must. 3. Lowball whenever possible, 0 perc
Guest
Depending on when you received your rating in 2015, instead of filing a CUE claim, if it has not been a full year file a NOD ASAP. Veterans gets CUE on the brain and think that is the best way to go b
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