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tylerb333

appealing decision

Question

If I file an nod does that stop my rating?  Or can they lower my rating?  Would you appeal everything trying to seek a higher rating if you felt you deserved it?

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It will not stop your current rating but it will open it up for review and they can lower if they see you've improved IF you haven't had it for the 20 year mark. If you have SC evidence for what you think you deserve then you should consider going after it but I must warn you - your looking at a 4+ year wait on appeals. 

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Risk vs Reward should always be considered, in just about everything.

Your current CSC is rounded up or down (?) to 80%. What bump do you think a Claim for Increase would provide? Use the Hadit VA Math Calculator to do some "What If's."

Any chance you could post a redacted copy of your recent Award?

To NOD requesting a DRO requires your submission of New & Material Evidence that was not available to the original Rater. What do you have, not just your "Feelings?" If you believe the Rater missed some Submitted Supporting Evidence, file an "Official Request for Review" of the recent Decision.      Just don't miss your 12 Month NOD Filing Deadline.

Give or take, DRO Reviews seem to currently take about 12 to 18 months. DRO Hearings are another story, 3 to 4+ yrs is not unusual. Either type of DRO request can result in an Award or Denial but not an SC Reduction.

If you're under 55, your C-File will be "Diary Dated" for an SC Re-exam in 3 to 5 yrs. After 55, SC Re-exam C & Ps are only scheduled if you file for an SC Increase or a New Secondary Issue.

Semper Fi

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Filing a NOD will not stop your rating  and it should not prompt  or lower your rating In anyway...this is what a NOD is  it means you disagree with a decision.

and to uphold that decision you need to prove why they were wrong , usually filing an NOD you should have new evidence to back up what you say in your NOD And its either accepted and things stay the same or you will actually get an increase  (depending on your new evidence)& what you tell them.

 if you feel a DRO Review or Hearing will help you solve your case then Request the DRO Review/Hearing.& and present new and material evidence ,meaning usually you have went and got an IMO/IME  (Indenpendent Medical Opinion) or Examination and the DR Has render his/her opinion in your favor.  or found new medical records as to what your claiming to show in your favor.

A DRO Decision Review Officer is there to listen to you and read any  new & material evidence to help them decide &HOPEFULLY MAKE THE RIGHT DECISION ON YOUR PART and you can face him/her face to face verbally & tell them why you think the decision was wrong.

They will send you a letter on the time and date of the DRO Review/Hearing...its anybody's guess when they will do that?  depends on how booked up your R.O. is.

but as your waiting for DRO Review  your rating should stay the same.

like elder member Gastone mention be sure and keep your appeal time limit. within 1 year  that's how long you have to file the NOD after you recieved a denial or the decision you disagree with.

jmo

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Also you can mention this

I feel I should be rated the highest rating allowed by Law set forth in the 38 CFR's 38.4.5 (Combined rating table)

you can look up what you should be rating  here on hadit and request that rating be given  recite the CFR 's back to them  that pertains to what your claiming.

 

Sometimes when we seem to know what were talking about and maybe a little ahead of the rater  it helps. Obviously.

Edited by Buck52

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