Whereto go from here

[chr49]

Not sure where to go from here. Would appreciate help

History:

BVA Granted Peripheral Vascular Disease for right & left lower extremities - secondary to PTSD  --> Sent back to RO for rating

RO low balled ratings at 20% per extremity effective 1-19-2010. —->  NOD, asked for 60% with evidence

RO rated 60% for left & right lower extremities effective  10-6- 2017, (total rating of 100% P&T) —- RO Denied rating higher than 20% prior to 10-6-2017 (both legs) - Received NOD form and Statement of Case with VA9 form.

I have new evidence plus evidence of record showing I deserve 40% for a 2 yr period of time (2010-2012) and evidence showing my 60% effective date should be in 2012. Do I file another NOD or appeal with BVA using VA9 form? My service officer was not in office. Another service officer said I should do another NOD. 

 

Opinions appreciated. I want to do this right.

CHR49

 

[Vync]

Another NOD sounds plausible to help them correctly stage your ratings over time

[chr49]

Thanks Vync. I need to clarify things. This is why I am confused.

I received the decision letter which shows:

1. Evaluation of peripheral vascular disease (PVD), left lower extremity, which is currently 20% disabiling, is increased to 60% effective Oct 6, 2017

2. Evaluation of peripheral vascular disease (PVD), right lower extremity, which is currently 20% disabiling, is increased to 60% effective Oct 6, 2017

3. Basic eligibility to Dependents’ Educational Assistance is established from Oct 6, 2017

Evidence is followed by reasons for each extremity......

Below the ‘reasons’ there is the following statement:

”Please note: This is not considered a full grant of benefits on appeal; therefore, we are also sending you a Statement of Case.”

———————————————-

Note: My original date of claim was 10-19-2010.  I want to disagree with the effective date 

————————————————-

The SOC shows issues as follows and denied both issues

1. Evaluation of PVD, left LE higher than 20% prior to October 6, 2017 

2. Evaluation of PVD, right LE higher than 20% prior to October 6, 2017 

——————————————————-

Note: I have new evidence and want to disagree/appeal the SOC findings.

So......Do I Submit a NOD for an earlier effective date of the decision and Appeal (per VA form 9) the the denial shown on the SOC? I am super confused.

CHR49

 

Edited January 3, 2018 by chr49