Low balled on rating.

[jwesley]

Ok so the judge granted service connection for brugada syndrome with aicd implant.

It should have been rated at 100%, or am I wrong?

they rated it at 10%, so I had to file a notice of disagreement... now I can see myself waiting another 4-5 years for them to fix a very simple mistake?

Brugada's Syndrome with implanted automatic implantable cardioverter defibrillator (AICD)

10%

Service Connected

12/03/201

[Berta]

This BVA decision also seems to indicate that whatever the heart condition is the AICD warrants 100%:

"An effective date of April 11, 2006, and no earlier, for the 100 percent rating for service-connected residuals of rheumatic fever with myocarditis, to include coronary artery disease, status post coronary artery bypass, status post AICD implantation with congestive heart failure, is granted, subject to the laws and regulations governing the award of monetary benefits."

 

http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp13/Files3/1325327.txt

[jwesley]

My disability was granted and listed as

Brugada syndrome with AICD implant....

so what do i do? i filed a notice of disagreement and sent them their CFR lol

[jwesley]

they rated it as a ventricular arrythmia under 7011 at 10% they didn't rate the AICD implant...

[jwesley]

http://www.va.gov/vetapp16/Files3/1619696.txt

here is my decision letter from the BVA judge... now finally today I got the rating paper in mail... they gave me 10% for brugada syndrome which is a ventricular arrhythmia.

it should be a 100% correct?

[Berta]

Can you scan and attach the actual RO decision (Reasons and Basis part)with their evidence list?

(Cover C file number prior to scanning)

I was surprised to see that you deal with Buffalo RO(and NYSDVA)

In my personal opinion Buffalo RO  can hardly read. ..as my many claims filed with them reveal.

When NYSDVA was my POA they didnt have a clue and discouraged me from the CUE I won in 2012 and also said I would never succeed in the most important claim I had ,filed in 2003.They were wrong on both claims.

Nevertheless things changed locally and I understand their local state rep here is very good.

That has to be one of the briefest BVA decisions I have read yet.

 

[Berta]

I changed my reply from a few minutes ago   -------

... you did specifically claim the AICD implant along with the Brugada Syndrome...it is right in the BVA decision....

this sure might be a basis for a CUE.

We can help with that when we read the actual RO decision.

 

Edited July 14, 2016 by Berta