Jump to content

Ask Your VA   Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
 Search | View All Forums | Donate | Blogs | New Users | Rules 

  • homepage-banner-2024-2.png

  • donate-be-a-hero.png

  • 0

Letter requesting specific %

Rate this question


ruckfilledwithmtdew

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]
Link to comment
Share on other sites

  • Answers 8
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

Recommended Posts

  • 0

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.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites

  • 0
  • Moderator

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.

 

The Earth is degenerating these days. Bribery and corruption abound.Children no longer mind their parents, every man wants to write a book,and it is evident that the end of the world is fast approaching. --17 different possible sources, all lacking verifiable attribution.

B.S. Doane College, Mgt Info Systems/Systems Analysis 2008

M.S.Ed. Purdue University, Instructional Development and Technology, Feb. 2021

M.S. Purdue University Information Technology/InfoSec, Dec 2022

100% P/T

MDD

Spine

Radiculopathy

Sleep Apnea

Some other stuff

-------------------------------------------
B.S. Info Systems Mgt/Systems Analysis-Doane College 2008
M.S. Instructional Technology and Design- Purdue University 2021

 

(I AM NOT A RATER- I work the claims BEFORE they are rated, annotating medical evidence in your records, VA and Legal documents,  and DA/DD forms- basically a paralegal/vso/etc except that I also evaluate your records based on Caluza and try to justify and schedule the exams that you go to based on whether or not your records have enough in them to warrant those)

Link to comment
Share on other sites

  • 0

Thanks Brokensoldier, I keep forgetting that is on ebenefits.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites

  • 0

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
Link to comment
Share on other sites

  • 0
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.

Link to comment
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
×
×
  • Create New...

Important Information

Guidelines and Terms of Use