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Not making any progress

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thatguyVLAD

Question

I have appealed twice and yet I haven't seen any progress.  I have an Si joint sprain which has resulted in degenerative disk disease.  I have tendonitis in my left shoulder.  They have me rated a 40%.  I would like to increase my rating % as I am finding it more and more difficult to stand up and perform everyday duties.

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  • Content Curator/HadIt.com Elder

An increase is easier than requesting a new claim. Essentially, for an increase, you need only meet the criteria required for a higher rating. Look at the rating criteria and see what it takes (https://www.ecfr.gov/cgi-bin/text-idx?rgn=div5;node=38:1.0.1.1.5). Then look at your medical treatment records to see if you can find evidence within the past 12 calendar months from when you requested the increase where you meet the criteria. For spine claims, there are multiple qualifying conditions.

Consider secondary disabilities. If your existing SC disabilities, or the medication used to treat them, cause a secondary disability, then you can file for that too. Common examples include digestive problems or GERD due to pain meds or NSAIDs. If the pain caused you to become depressed and even if the meds used to treat the secondary depression cause intimacy problems.

If you were appealing a new claim, it might be helpful to find out why you were denied so that a member of the Hadit family could provide helpful advice.

I hope this helps.

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Agreed appeals take way to long for something like this. If all your looking for is an increase keep the appeal going to save your place in line file an increase. Your increase will be looked at way before your appeal will be certified barring no hardship is filed.

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You posted, "I have appealed twice and have not seen any progress".  

If you want a detailed answer, then you must give details.  For example: 

Did your appeal make it to the BVA?  If not, do you have a docket number? Or,  Was it denied?  What were the reasons for denial?  Did you appeal it to CAVC? Or, did you file a Nod and then stumble by "not" filing the I9 60 days after the receipt of the SOC?  

If you provide more details, we can give better details as to what course of actions you should take.  

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