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NOD - Not Always a Good Idea- Maybe a bit Risky?

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rootbeer22

Question

Vets:

 

Recently, I read where someone filed an NOD and their TBI was reduced from 10% to 0% but they got an increase in their PTSD? So, I'm wondering if this happens a lot where a Vet's claims contentions are actually reduced after their NOD/DRO reviews?  I worked very hard to get to 90% that I'm at now. I'm trying to get pushed over to 100% but am concerned about it actually being cut? However, maybe that was just a rare occasion....and I should not be concerned?

Does anyone know if this happens very often where a reduction occurs or not?

Godspeed Rootbeer22

 

 

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Root beer:

    Thus, the short answer to your question is NO.  It is not risky to apply for an increase.  There is no evidencee that a Veteran who seeks an increase is any more likely to be reduced than a Veteran who does not seek an increase.  

    Now, if you die your hair purple.....now that is grounds for a reduction...lol.  

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Root, at least with hitting the DBL Nickel, no more Diary Dated Exams. File a New Claim for a Secondary Issue, different story.

How many Vets do you know, that have had their SC's improve, other than certain Cancers after successful surgery.

File ON!

Semper Fi

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Rootbeer

Filing won't hurt what you already have unless the VA can prove you improved,

As broncovet put up some of the Regs about this!.

This is controversial and debatable  Subject about filing increase if it will cause an C&P on your other disability's?

:Hadit member Meddac  with the new veteran blog radio show  I think he mention he was  with VA Management  of so sort  maybe an an ex rater and supervisor at RO Level  and he says yes filing for an increase will cause them to call you  up a C&P but if this is a new claim  for a different contention I'm not sure.

Good Luck on what you decide to do

 

..................Buck

Edited by Buck52
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Vets:

Thanks again for the wonderful advice and I've come up with a strategy. I found out that my 90% is rounded up from 85.167 based upon what I saw on my input into the calculator. Also, I have a bilateral condition that may not be added in properly when I add it into the VA Disability Calculator? So, it may be a part of a percentage point higher than this but not by much. That all said, I realized I'm further away then I thought about getting to 100%. Based upon all your advice, I've decided to proceed with the NOD. Also, I'm going to only challenge only 3 or 4 contentions instead of the 9 that I was going to do earlier. So, rather then just trying to get to the full 100% now, I'm trying to chip away and get as close as I can to the 100%.  The road to get to 100% may be longer but is a more steady approach. Frankly, If I had received my C-File and got the IMO/IME's from Dr. Ellis, it would have been different because my ammunition would have been so much stronger. The good news is that my SMRs and first disability claim strategy got me to 90%, so it does work. Unfortunately, there are lots of rules that do protect Vets like the Vet Protection Act of 2010, but their is still a "canyon" of subjectivity within the system that can work against Vets and it does.

Godspeed Rootbeer22

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Medical evidence trumps all innuendo of decrease.

If the medical evidence says the conditions are worsening then you have nothing to worry about.

"NEVER GIVE UP"

 

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Need some help on the NOD DRO review timeline....

My NOD DRO review has been sitting at the Roanoke VARO since Feb 2015 with no movement. Every time I call Peggy all she says that "its awaiting review from the DRO, if they need more information they will notify me, if not then they will make a decision, blah, blah, blah, blah," Oh, the average processing of a DRO at Roanoke is 246 days, blah, blah, blah!!! Does anybody know what the timeline is for DRO review process at Roanoke? I keep finding myself to check ebennies everyday for some kind of sign but I end up disappointed!!!

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