Heading of a Failure to Increse (Yes I am that assertive)

[syne7]

I guess the real question is can/should one influence a decision before it's finalized, and try and avoid appeal/NOD.

Edited August 16, 2016 by syne7

[broncovet]

I like it!  I see Veterans telling VA they need benefits because their daughter is in college, their grandchildren need teeth, or their landlord wants paid.  EVERYONE needs money, but those that get paid, demonstrate how they deserve it, not how much they need it.  VA benefits is not a needs based program, like pension.    

YOu did so.  Your Proper Preperation will Prevent Poor Performance.  The only suggestion I have to this excellent letter, is that you send it certified mail return receipt requested, order your C file, and make sure this summary is in there, when you appeal.  Also, send the letter AGAIN to the evidence intake center, noting you sent a copy to the VA.  (Keep remembering that VA wants to lose your evidence..it makes their denial easier.)

[broncovet]

Also, when you do get the copy of your cfile, make sure those pertinent exams (IMO/IME/ Private medical exams) are in there.  

[Buck52]

Good evidence.

All veterans should study their claims and know what its all about   like this veteran.

The only thing make sure your dates are all correct, not sure what they will do on that?

Note:

''The criteria for ratings in this area are fairly clear, PFT score or medication use.  My records clearly show me using daily inhalational or oral bronchodilator therapy, or; inhalational anti-inflammatory medication since 9/24/2016 which indicates a 30% rating. Symbicort and Dulera are inhalational bronchodilator or anti-inflamatory medication. ''

If this is ON APPEAL? Question here

Do they still use evidence already in the C-FILE?

 

Edited August 16, 2016 by Buck52

[syne7]

2 minutes ago, Buck52 said:

Good evidence.

All veterans should study their claims and know what its all about   like this veteran.

The only thing make sure your dates are all correct, not sure what they will do on that?

Note:

''The criteria for ratings in this area are fairly clear, PFT score or medication use.  My records clearly show me using daily inhalational or oral bronchodilator therapy, or; inhalational anti-inflammatory medication since 9/24/2016 which indicates a 30% rating. Symbicort and Dulera are inhalational bronchodilator or anti-inflamatory medication. ''

 

Ouch!  Proof reading!  thank you sir!

[brokensoldier244th]

Not sure you want to order yoru Cfile if  you are in the middle of a pending claim- woudln't that just jumble it up some more? Also, what 'good authority' is telling you this? That information may be useful for other vets because normally we have to wait until the decision letter because the 1-800-PEGGY number agents normally can't really see much in the way of claim activity that specific. 

 

 

[syne7]

Buck & Berta,

That is certainly sound advice.  I have already put in a request for the updated C-File and C&P Exams and will request them again when the decision is sent.

I certainly will file a NOD or a reconsideration after the results come back.

My current understanding of the justification of denial as the my FEV was 63% before bronchodilator and 80% after bronchodilator asserting I do not meet the 30% criteria.  However, since the criteria is PFT or Medication.  I assert/assume that I do meet the criteria for 30% or 60%.

I am prepared to escalate/NOD/reconsider after a failed decision.  However, I would like to simply resolve it upfront, if possible.