Jump to content

Sponsored Ads



  • 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
     
  • Advertisemnt

  • 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

  • Searches Community Forums, Blog and more

  • 0
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?

Share this post


Link to post
Share on other sites

5 answers to this question

Recommended Posts

  • 0

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. 

Share this post


Link to post
Share on other sites

Ad

  • 0

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

Share this post


Link to post
Share on other sites
  • 0

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

Share this post


Link to post
Share on other sites
  • 0

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

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

    • OK so I had pancreatectomy in 2003 due to an impacted goldstone 2/3 of my  Pancreas was removed I am type one diabetes with very large scars continued diarrhea stomach problems Constant back and shoulder pain I recently received a Nexus letter from my  endocrinologist related to my service in the gulf war.  Any suggestions or advice from anyone
    • I would like to meet other Hadit members who live in Michigan.  We have at least two major VA Hospitals (Battle Creek, Ann Arbor).  Or maybe you go to the the John Dingell in Detroit.  

      I like Ann Arbor.  I like the fact that most of the doctors there are also at the UM Hospital.  I don't like how uickly they seem to turn over though.  
      • 2 replies
    • Really?
      I am confused.  A few days ago I spoke to a person at a VARO who said if I die from something other than service-connected my husband gets zero, zilch, squat.  Hmmmmmm, it seems the rules change willy-nilly...I have been rated 100% P & T for over 10 years, MS is static, and I am 56 years of age.

      Can a fellow Veteran shed a light on this?

      Thank you.
        • Like
      • 15 replies
    • Fund raising for HadIt.com
      The site is supported through ads and ad free subscriptions, we are also asking for any support you would like to send our way. You can give a $1 or more it all helps. Keep in mind though that it is NOT tax deductible and we are NOT a non profit. As the site grows so do the costs and ads and subscription do not always keep pace with the costs. Any help is appreciated, but not required.
      • 8 replies
    • Carol Ozanecki- Blue Water vet Advocate called me with this news:

      https://www.stripes.com/news/lawmakers-launch-new-effort-to-provide-agent-orange-coverage-for-blue-water-navy-vets-1.525395

      Also there is a article in Pop Culture she sent to me----mentionig Blue Water vets buy I felt it was too political to post here. You can google it if you want to read it.

       

       
      • 9 replies
×

Important Information

{terms] and Guidelines