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Filing for increase soon

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usmc2511

Question

When you file for an increase on a service connected disability do the raters go back and look at your entire record again and why you were service connected in the first place, or are they more concerned with the current condition of the disability. I always get a little nervous when I file for anything because of some of the stories Ive heard of benefits being severed because of a difference of opinion either from doctor or rater on why you were service connected in first place. it could also just be unwarranted paranoia lol. thanks for the reply in advance 

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yes they go back and look at it and then you need your  medical evidence that your condition has worsen from a Qualified Dr  for the Increase...the only thing to worry about is   if they made a mistake when they gave you the rating and it was not as bad as they rated you?  it could back fire on you and you get a decrease instead of a Increase.

but yes they need to see what you were rated for and how you were rated...and then look at your medical evidence to see if your disability as in fact worsen for the increase.

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I was rated at 30% when I was service connected which is exactly where it should've been according to scheduler. The C&P doc said I should be given the benefit of the doubt because my records seemed sketchy. Ill post the wording and see what you think. It was apparently good enough for a DRO to direct service connect it, just want to see if anyone saw any red flags for a rater. thanks

 

TYPE OF MEDICAL OPINION PROVIDED: [ MEDICAL OPINION FOR DIRECT SERVICE CONNECTION ]

a. The condition claimed was at least as likely as not (50%or greater

probability) incurred in or caused by the claimed in-service injury, event or

illness.

  DRO  h a s  a s k e d  m e " whether symptoms of Meziere's disease with finding of middle ear dysfunction likely manifest

during military service" which would relate to primary service connection.

After careful, page by page review of the veteran's STR's in the VBMS e-records, I noted that mild "conductive" low frequency left ear hearing loss might have preexisted military service. However, by the time of the veteran' s medical board in 2004, it would appear that aggravation/worsening of the left ear might have occurred and probably did. Furthermore, Type-A tympanometry was recorded in 2004 that would indicate normal middle ear function. I question the "conductive" component in this instance and am inclined to think this could have represented left sensorineural hearing loss at the time, which finding could represent early manifestation of meniere's disease.

The records are some what sketchy to the extent that the veteran should, in my opinion, be afforded the benefit of doubt in this specific instance. Please refer to my 2/27/15 Ear ConditionsDBQ, 3/16/15 ENG results addendum, and 4/7/15 secondary SCopinion addendum for other information. 

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USMC2511, in the future you want the Independent Medical Opinion-IMO to read "....MORE likely than not..." instead of "At least as likely as not..."

You don't want to leave any question in the rater's mind, and the words "At least..." leave room for doubt.

Yes, it's splitting hairs, but with the VA, you need every angle you can muster up.

Allan

2-2-0 HUAH!

 

 

 

 

 

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Thanks for the reply allansc, I was already service connected for this condition. Just get nervous when filling for increase..... and re opening a file. the condition has gotten much worse in last two years though. just had ENG/VNG testing and they said it has definitely progressed. 

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