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ruckfilledwithmtdew

Letter requesting specific %

Question

I made a letter given the VA's propensity that to think I'd be happy with a lower rating. So a quick Google search gave me a baseline letter and I edited it some to tell them what I need. Does this seem too crunchy? Could they not take too kindly to the wording? My claim is almost out of the Gathering of Evidence phase & the C&P is complete. Also, they need to change it from Unspecified Depressive Disorder to PTSD, as noted by the C&P examiner. There are more notes and diagnoses from more providers in the C-File too.

Dear Sir or Madam:
I am currently rated for “Unspecified Depressive Disorder” at 30%. My condition has become worse since this rating was awarded. I have compared my current condition to that listed in the Schedule for Rating Disabilities (CFR 38) and I see that it would be more appropriate that I would now be rated at 70%+. Based on the array of symptoms, my PTSD preventing me from work, and review of precedence such as Mauerhan v. Principi, I am applying for that rating increase. Thank you for your kind consideration of my request.

Respectfully, 

veteran

[Mauerhan v. Principi is the case that clears up the matter of "symptoms such as" and states that veterans don't have to have the exact or all symptoms within each impairment rating]

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Berta    2,808

I think you should try to get a Copy of the C & P exam before sending the VA that letter.

If it was done at a VAMC you can request a copy of it via their Privacy Act or Records access office.

Just my opinion.

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You can see the DBQ that was filled out under Blue Button, though it usually takes a few days, up to a week or two for it to show up there. Then you can see exactly what the doctor  filled out and compare it to the list of applicable symptoms/ratings criteria.

 

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Berta    2,808

Thanks Brokensoldier, I keep forgetting that is on ebenefits.

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I have a copy of the C&P:

I have 2 PTSD diagnoses, 1 for Combat related and 1 for MST [in the C&P exam i mean, and 2 more from other providers].

I would like to note, the reason I would like to do the letter is because I have, for "symptoms such as", I have 3 items 50% and 3 items for 70% [in the impairment table in cfr 38], which makes it almost impossible to work. Additionally, the Examiner stated that I can do sedentary work.

Edited by ruckfilledwithmtdew

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stinger    14
1 hour ago, ruckfilledwithmtdew said:

I have a copy of the C&P:

I have 2 PTSD diagnoses, 1 for Combat related and 1 for MST [in the C&P exam i mean, and 2 more from other providers].

I would like to note, the reason I would like to do the letter is because I have, for "symptoms such as", I have 3 items 50% and 3 items for 70% [in the impairment table in cfr 38], which makes it almost impossible to work. Additionally, the Examiner stated that I can do sedentary work.

You say cannot work, then you say sedentary work. That is employment.

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