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Trefflek

Can i appeal a 2nd time for higher rating?

Question

In 2002 i applied for disability claim with VA and it was 100% denied, then i appealed at the time and several items were accepted and i was given a rating in 2003.  Many years have passed by and im re visiting my claim due to allot more pain.  What i'm wondering is if i can appeal again for a higher rating along with hopefully getting other service connected issues approved this time?  I feel it was done quick and minimal just to get me to go away since they initially denied 4 different surgeries while active duty.   

 

I also have my first scheduled Dr appointment to get assigned a primary care dr at VA in 2 weeks.  Wondering if i should cancel that appointment till im done with an appeal?  Kind of worried i may be shooting myself in the foot seeing their dr before a possible appeal.  

 

Any thoughts would be great.

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Welcome to Hadit!

It sounds like you should request a rating increase instead of an appeal since you already have a SC rating for the disability. You will only need evidence showing you qualify for a higher %.

If the evidence is within the past 12 months, they can grant an effective date based on the date the entitlement arose. This can be good because you might get retro money if your combined % increased.

If the evidence is older than 12 months, they can grant an effective date based on the date you requested the increase.\

You can find the current rating criteria for each diagnosed disability at this link: https://www.ecfr.gov/cgi-bin/text-idx?rgn=div5;node=38:1.0.1.1.5

 

Good luck!

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File for an increase if your service connected disability is worse.  Anytime and as often as needed.

File for any issue you have that was/is caused by your service connected disability "secondary" to your current condition.  I have more secondaries, than original claims.

Go to your VA health appointment.  VA health and VA comp are two seperate animals.  Not related.  Your primary care doc (nurse) has nothing to do with your comp or your C&P's etc.  One is compensating your for your injuries and the other is concerned with your health.

One is trying to help you live and the other, we'll the verdict is still out,

Hamslice

 

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Dont cancel your appointment!  

You can re apply for benefits denied in 2002, if awarded, you may be able to argue an earlier effective date.  As already pointed out you can ask for an increase.  

Do not worry about having claims pending and appeal, and new claims running at the same time.  Its perfectly fine to have an appeal for PTSD at the BVA, while you have a new claim in for arthritis, for example.  

"Waiting to file" almost always costs you money because your effective date wont be earlier than the date you filed with a few exceptions.  

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Hamslice....your last sentence above is PERFECT........"the verdict is still out."  LOL    Nailed it.  MY PCP is a great fella......VA-based C &P examiners and writers are like Rabid Bats wanting to kill ya. 

 

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