Jump to content
  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

Sponsored Ads

  •  ad-free-subscription-002.jpeg     fund-the-site.jpg

  • Searches Community Forums, Blog and more

  • 0
allansc2005

Reconsideration or something else?

Question

I'm SC at 80%, with 40% on my right leg.

Back in June, I had a C&P exam on my right leg and knee, and was denied increased compensation this August because I didn't meet the range of motion guidelines for increased benefits.

This September, I learned that my right leg, currently SC at 40%, is now shorter than my left leg, and a recent MRI on my lower spine, which is SC at 20%, has a "mild progression of the facet hypertrophy at L2/L3-L/5/S1, since the last MRI.."

Over the past few years, I have had physical therapy on both my leg/knee, as well as my lower back, and have had at least 3 shots of Cortisone in that SC knee, and podiatry has prescribed a shoe insert to make up for the shorter SC right leg.

 

Everything is medically documented.

 

So, in view of the above, do I ask for a reconsideration of the C&P decision, or something else?

 

Thanks. 

 

 

 

 

Share this post


Link to post
Share on other sites

Recommended Posts

  • 0

Reconsiderations are discussed here, under a hadit search. A request of this type does NOT stop the NOD clock.

If you are willing to get an IMO/IME and the independent doctor -with your medical records, the C & P results,

the VA rating schedule for the disability claimed,

and the criteria for what IMO/IMEs need to cover, also , available here as well under a search for Read First before getting an IMO/IME...perhaps they would change their decision.

At 80% now are you still employed?

 

Share this post


Link to post
Share on other sites

Ad

  • 0

Ok.  A C and P exam is NOT a decision.  Its evidence for a decision.  If you are in the one year appeal period, you can appeal by filing a NOD.    If you are not in the one year appeal period since the decision, your choices are more limited.  Some of your options to consider are:

1.  Submit "new and material evidence" under 38 CFR 3.156.  If you do have evidence not previously considered, this is likely a good choice.  This would work especially well if the new evidence was your Service medical records.  

2.  File a new claim, especially if your service connected conditioned caused something else to flare up.  (Secondary).  

3.  File for an increase to existing claim if your service connected condition got worse.   

4.  Review the cfile in detail and see if there is clear error that may entitle you to an earlier date.  

Edited by broncovet

Share this post


Link to post
Share on other sites
  • 0

If you choose the Recon method,

Goggle VA Reconsideration Requests and these docs will open in your Word program after you click on them:

Claims for Reconsideration - Veterans Benefits Administration - US ...

www.benefits.va.gov/.../M2...
  1.  
  2.  
United States Department of Veterans Affairs
Mar 24, 2015 - For the purpose of this topic, a request for reconsideration is a requestfrom a claimant for the Department of Veterans Affairs (VA) to reconsider ...

[DOC]Reconsideration of Denied Claims - Veterans Benefits Administration

www.benefits.va.gov/.../s17...
  1.  
  2.  
United States Department of Veterans Affairs
This section sets forth reconsideration procedures regarding claims for benefits administered by ... Submitting a request for reconsideration shall constitute a notice of ... will be made by the immediate supervisor of the initial VA decision-maker.

 

Share this post


Link to post
Share on other sites
  • 0

Broncovet and Berta,

Thanks for your input.

 

Berta, I've had no earned income since 2000.

 

Broncovet, I just got the C&P denial back in June of this year, so I am well within the year you speak of.

 

Berta/Broncovet, considering both of you had great input for my situation, which option do I choose?

 

Thanks.

 

 

 

 

 

Share this post


Link to post
Share on other sites
  • 0

I think you should consider # 4 in Broncovet's post.

There is always a possibility that they committed a CUE by ignoring Probative evidence that would have definitely could have put you into a higher rating.Then again, that is what I would do first....because they always make many errors on my stuff...

All of his suggestions are good.

Can you scan and attach here their Reasons and Basis? (cover C file # prior to scanning)

You dont have to google the Recon stuff, from M21-1MR ....I just clicked on it and it all came up in Word program...that info might give you the best way to go.I have not had time to read it all but a reconsideration request is very much like a CUE, in that they are asking the veteran to identify the error the RO made.

Share this post


Link to post
Share on other sites

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 account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Ads

  • Ad

  • Latest News
  • Our picks

    • So I've been in a basic power chair (Q6 Edge) since 2015. Late 2016 was also fitted for a TiLite TRA manual (also keeping powerchair). 2017 was approved by Tampa VA for clothing allowance for lower. 

       

      Moved to Battle Creek VA late 2017. Since then was issued new basic powerchair (Quickie P222-SE) to replace broken Q6. Still use TiLite also now can lightly ambulate with Forearm crutches.

      Use crutches 50%, and both chairs 25% each.

      Was approved for 1 clothing allowance this year for forearms crutches for upper.

       

      Was denied 2nd for chair/lower that was awarded last year because Chief Prosthetic states "powerchair takes precedence, you were issued that so you are to use only the powerchair".

      Also powerchair has gap between seat and leg mounts where clothes do get caught and tear. Clinician was I'll put it back in but"power chairs dont get clothing allowances", and "any review or appeal will only come back to me"

      I was approved for powerchair/custom manual combo clothing allowance last year; How do I word an appeal for the lower clothing allowance this year?

      My local DAV rep at the VA has no clue on how to handle this.

       
      • 0 replies
    • Thank you.  I’m not exactly sure of how I will file it.  If it is secondary to TBI, would it be pyramiding?
    • I understand what you are saying. Does it sometimes take awhile to update the VA letters and disabilities info online after it closes.....in my case on a Saturday ? Some on other posts on here says no and some say yes so I'm just curious about the inconsistency regarding that if it is yes and no.
    • I understand what you are saying. Does it sometimes take awhile to update the VA letters and disabilities info online after it closes.....in my case on a Saturday ? Some on other posts on here says no and some say yes so I'm just curious about the inconsistency regarding that if it is yes and no.
    • Disability Calculator: Veterans Compensation Rate Calculator
      Disability Calculator: Veterans Compensation Rate Calculator

      10 + 50 = 50 and other VA math mysteries explained.

      VA Math It’s Not Your Mother’s Arithmetic “VA Math” is the way that the VA computes combined impairment ratings for multiple conditions in a Veteran’s compensation benefits claim – and it requires that you unlearn real math. When a Veteran has multiple medical conditions that are service connected, and the Veterans Affairs rates each at a different percentage, it would seem that they should just add up your percentages to get to a total body impairment rating. Continue Reading

      Use our Ratings Calculator to add your percentages
      • 0 replies
×

Important Information

{terms] and Guidelines