I'm Right Back Where I Started..

[Cherie33]

Hello All,

I wrote some time ago to get some advice of what to do, when the VA proposed to decrease my rating. Well, I received an unofficial letter from the DAV, stating that the VA is leaving my rating where it currently stands. However, I still feel as if I should have been increased. Especially after I submitted the information from my doctor. I'm afraid to go any further, because the last thing I need is the VA decreasing my disability. (currently 50% Major Depressive Disorder with pyshcotic features)

I just don't know where to go from here... Not only that I received a letter from the VA asking me if I want them to appeal the decision (for my IBS condition currently 10%) the traditional way? I don't know what to do.

Does anyone have any ideas or advice?

Thanks,

Cherie33

[carlie]

"They listed Medical evidence from (3) hospitals I went to

Gainesville VA Progress notes

Jacksonville VA examination of my intestines

And a few other things, about my past (when I was in the navy, etc)"

What you need to find out is if there is anything in ALL of this evidence that supports a grant of a higher rating for the diagnostic codes you are SC'd under. Also, do you have any additional evidence that VA has not considered?

"When I wrote the NOD, a few days later, I sent them a dr statement from each one of my drs (2) to support my claim."

Is there anything in this evidence that supports a grant of a higher rating for the diagnostic codes you are SC'd under ?[/b]

carlie

Edited December 13, 2006 by carlie

[Cherie33]

Ok...But when I read the statements, its basically speaking in summary, from what the dr thinks.

So, I need to find out the codes I'm rated under and find out what constitutes a higher rate?

Cherie33

[carlie]

"Gainesville VA Progress notes

Jacksonville VA examination of my intestines

And a few other things, about my past (when I was in the navy, etc)"

Cherie,

If you have copies of these then you know exactly what is in the evidence. Reading a rating officer's summary of what the doctor thinks is not sufficient for you to be able to know the exact evidence used

for your rating decision.

Also, do you have a complete up to date copy of your c-file ?

YES - the diagnostic codes VA rates us under determines what is medically required to

be granted each different percentage level of disability compensation.

jmho,

carlie

Edited December 13, 2006 by carlie

[Cherie33]

I don't even know what a C-file is....Is that my medical records? If so, yes...

[carlie]

c-file = claims file

It is your complete active duty military file and it should also include in it any adjudicative actions on the part of the VA. Vets also need to do a FOIA form to get copies of records from any VA or private medical care they have received, x-rays, lab reports etc...

For mental health records your mental health provider usually has to approve the release of these.

If you have reveived care at a Vet Center you can request at least summaries from them also through FOIA.

jmho,

carlie

[Cherie33]

Who do we request a copy of your c-file from?

Cherie33