I have a claim that is getting ready to resolve where I requested an increase and it will not be granted. Will not be lowered, but will not be raised. 10% for Asthma. The ratings for Asthma state 30% for daily inhaler use. I take Symbicort 2 times a day and also meet the criteria for 60% (3 exacerbation with prednisone from 1/2016 to 5/2016).
When this result comes back, I would like to contest it. I have three options as I understand it:
My 10% rating has been established since 5/11/1997. I just recently engaged with the VHA (9/2015) and just learned about filling for an increase (stupid me I know) so I pushed the trigger on the increase on 5/5/2016.
I am leaning toward the DRO review becuase my understanding is that the DRO review can not be worse that the claim result. Meaning the DRO can't reduce me, they can only increase or leave me the same. As I am approaching the 20 year mark (protected rating). It seems like it might be better wait until 6/2017 and file a NOD/DRO Review.
Can a reconsideration reduce the decision with out a CUE?
Any thoughts?
Since the rating standard is PFT score or medication and clearly meet the medication for 30% and 60%, I am baffled as to how I did not get increased. However I am sure there are many such stories which how these boards even exist.
Question
syne7
Hello,
I have a claim that is getting ready to resolve where I requested an increase and it will not be granted. Will not be lowered, but will not be raised. 10% for Asthma. The ratings for Asthma state 30% for daily inhaler use. I take Symbicort 2 times a day and also meet the criteria for 60% (3 exacerbation with prednisone from 1/2016 to 5/2016).
When this result comes back, I would like to contest it. I have three options as I understand it:
(1) Reconsideration.
(2) DRO Review (Denovo)
(3) BVA Appeal.
My 10% rating has been established since 5/11/1997. I just recently engaged with the VHA (9/2015) and just learned about filling for an increase (stupid me I know) so I pushed the trigger on the increase on 5/5/2016.
I am leaning toward the DRO review becuase my understanding is that the DRO review can not be worse that the claim result. Meaning the DRO can't reduce me, they can only increase or leave me the same. As I am approaching the 20 year mark (protected rating). It seems like it might be better wait until 6/2017 and file a NOD/DRO Review.
Can a reconsideration reduce the decision with out a CUE?
Any thoughts?
Since the rating standard is PFT score or medication and clearly meet the medication for 30% and 60%, I am baffled as to how I did not get increased. However I am sure there are many such stories which how these boards even exist.
Thanks in advance for your time and help.
Link to comment
Share on other sites
Top Posters For This Question
3
2
1
1
Popular Days
Aug 16
8
Top Posters For This Question
syne7 3 posts
Buck52 2 posts
Berta 1 post
broncovet 1 post
Popular Days
Aug 16 2016
8 posts
Popular Posts
Berta
How do you know there has been no increase? per Ebenefits??? In a different topic here you prepared a very good letter...supporting the increase. But if you have not formally been denied for
broncovet
I agree with Berta. Dont speculate on what a letter might say, but wait until you get the decision letter. They have to have a reasons and bases, and, when you get it, if its wrong, then you can dec
Gastone
S7, At Ease with the Negative Vibes. Way to Premature and you know, most things "Premature" are not good. As to the "Official Rating Dept Request for Reconsideration," who knows, might work.
7 answers to this question
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now