Should veterans place the percentage desire as part of the initial claim or let the VA decide?

[JFizzle]

Should veterans place the percentage desired as part of an initial claim or let the VA decide? Does specifying the claim to a percentage completey deny the claim if the criteria for the percentage request is not deemed a match? Even if it matches at a lower percentage? Just curious to know if there is any success with that approach?

[brokensoldier244th]

I have, in the past, made note  of my symptoms objectively by referencing my treatment notes (by date, usually) and after I have a list of them I correlate them to whatever percentage  rating they fall under. If its higher than what I have then I request that in my claim by saying something like

 

"the following symptoms all fall into the range of *whatever percentage*, and I am currently rated at X. My treatment notes indicate a progressive worsening of my disability *whatever they called it in my prior award letter. " and fall under a higher percentage of *Y*  I am requesting an increase in my current rating to the next applicable percentage, see notes and attachments.. (and I print off my MyHealthVet notes to PDF and cut and paste the high and low points into a word document that I print and  include, along with dates for each) and leave it at that. 

 

Over 14 years I got to 100% this way, along with a few job losses, and losing a house (not because of VA, but because of my inability to process things timely and getting to the point of foreclosure due to not paying). I was at 70% total for 2nd longest period of time (4 yrs) and before that I was at 50%. When I requested 100% I also requested IU along with it, as I had been let go from my job due to health reasons and performance problems related to that, which I also talked about with my psych and included a few memos and emails from work about performance and sanctions. IU/, than 100%, was granted to me two years ago over a span of 4 months where I was IU first, then  got a second decision back amending the first where they just changed it to 100% P/T instead. That claim took bout a year and a half all told to wind its way through. 

Edited November 1, 2017 by brokensoldier244th

[broncovet]

While it probably does not matter, I tend to favor asking for the highest percentage allowable by law.  The VA is supposed to do that anyway.  However, its possible to hornswaggle oneself by trying to be "too smart" and telling the rating specialist how to do his or her job.  Some will be offended at that suggestion.  While others may find it helpful, I think its likely to backfire.  

Reason:

You dont have the training of a "Rating Service Representative" You may not know about bilateral factors, and a bunch of other stuff, too.  

While I wont insult any Vet who does this with success, sometimes its better to be thought a fool in silence than to open ones mouth and remove all doubt.  

Sometimes, less is more.

Remember, the VA "does not care" what YOU think the rating should be.  Supposedly, its all about whether or not you meet the criteria.  

However, it may be helpful to point out how you meet the criteria for x percent, by citing medical evidence (Dr. "z" on an exam dated..11-12-2008 stated the Veteran "has abc symptom" consistent with the criteria for x percent)

[Buck52]

VA Never does what there suppose to unless we get on their A**

Check the percentage's for all your S.C. Disability's  and look up what the CFR Correct % for each S.C. ...And state as broncovet suggested  Allowed by Law that your S.C. Disability should be rated at **% according to the CFR ###  Find that # and quote it back to them  ...as Broncovet mention  you want all your S.C. Disability's rated has high as the CFR will allow  or  by Law.

let them know you did your home work and they are less likely to low Ball and give you  decent & fair rating.

[Gastone]

Every SC Claim filed is considered by the RO Rating Dept as a Claim for the Maximum Award available, to include 100%, IU and any SMC that the"Evidence of Record" supports.

You asking for a specific SC % has no impact on your Claim but if it makes you feel better, do it. If eventually you get Awarded an SC at a Rate Lower than you believe is supported by the "EOR", then you immediately file an Official Request for Rating Review attaching the "EOR" that supports the SC % you think is correct.

If the above doesn't result in an SC Increase within 3 - 4 months, it's then Time to File your NOD requesting a DRO "HEARING!" You actually have to request the DRO Hearing in writing, otherwise you get a Review, no face to face.

There is a  a New Fast Track RO Appeal procedure that Buck52 posted about last week, it appears to be similar to the DRO Review, minus the DRO. Once you choose it, you're locked in, DRO Reviews or Hearings are off the table. If Denied again by Fast Track Rating Dept Review, your next stop is the BVA Hearing, some 2 to 4 years down range.

[usbubba]

Normally, I'd say asking for a specific percentage is a waste of time as VA assumes that you are asking for the maximum award for any particular disability. That said, I have done it and won. I was awarded 20% radiculopathy for both left and right arms resulting as secondary to my lower back SC. The possibilities for this disability are mild, moderate, and severe.  (10-20 and 30%) The C&P report clearly stated "moderate" but the VA rated it as "mild". I filed a NOD requesting the 30% rating for "moderate" and won without having to go to the BVA.

[john999]

I think there is some benefit in getting a face-to-face meeting with a DRO.  They may connect your face with a claim and remember how you presented yourself and your evidence and be able to tap the tiny compassion gland where their heart used to be and give you benefit of doubt.  I always tried for personal hearings on my claims.   The fastest way may not always be best, and if you don't actually need the money top live slow and sure is better IMO.     In some claims like CUE claims with lots of retro behind them I don't think it matters what they tell you in person, because their boss may scream that they cannot grant such a claim.  I don't thing the VA is overjoyed at employees that grant huge claims without getting many sign offs from above.  I don't even think it is possible for a DRO to give a vet over $25,000 in retro without a sign off from a bean counter.  Since many vets don't even appeal their rating decisions I think the VA cheats vets every day.  The way you win in the end is by evidence and persistence.   I fought with the VA for 30 years on my original claim going from 10% to 30% and then 70% TDIU.    I should have had 100% from my first claim but I did not appeal the lowball rating.  When I filed my first claim back in 1973 I was in bad shape and deserved 100%.  I got 10% which was a joke but the joke was on me since I did not yet realize what bastards they were at the VA.