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Help with Appeal Decision. What should I do next ?

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Wjason777

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Hello, Not sure if I’m posting in the right section.  

i filed for tmj and headaches right before I got out in 2010. I was denied, I appealed, it lasted for about 7 years. During those 7 years I submitted a DBQ for tmj from private dr. In 2015 For tmj. 

The Va sent me to a C and p in 2017 for tmj. 

 I had to go in front of the board in December 2017. I won the case. 

Last week I received the final decision. 

From 2010-2015 I was granted 0% for TmJ. 

From 2015-to 2017 I was granted 30%. 

From 2017 { the date which I did Va C and P} to now I’m granted 10%

my question to you is, shouldn’t the VA backed my 30% from 2010,  the day I originally filled ? 

I feel as if my condition is still at 30%  and I can prove it with a new DBQ

When I was at 30% In 2015. I was at 100% but since they bumped me down to 10% now I’m at 93%. 

 At this point what should I do? Appeal?

did the Va mishandled this? 

Or should I just fill as a new claim stating that my condition is worst and provide the new DBQ ? 

If the VA would backdate the 30% from 2010  it would be retro pay of over $100k. For this reason is why I think the Va did it this way !

hope all this make sense 

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The letter you posted is an unoffical notice.  YOu need to read the official notice from VA.  

However, yes, you probably want to appeal any/all disputed issues.  

To do this:

1.  File a NOD on the applicable NOD form.  

2.  With your decsion and your cfile (at least medical evidence, which should be quickly obtainable from your local VAMC) in hand, carefully craft your NOD refuting any inaccuracies in your VARO decision with EVIDENCE, not your opinion.  

     EXAMPLE:   I disagree with the VARO decision dated June 25, 2018 on the following issues.  

1.  Denial of TMJ.  The decision cited that there was no nexus, however, Dr. P on 11/18/2017 stated, "Its at least as likely as not the the Veterans TMJ was a result of a fight during military service".  I disupte that there is no nexus, this statement confirms the nexus.  

2.  I disagree with the percentage rate for headaches.  (now cite the criteria for headaches and cite the symptoms from your medical exam. 

3.  I dispute the effective dates above, they should be the date I applied.   

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28 minutes ago, broncovet said:

The letter you posted is an unoffical notice.  YOu need to read the official notice from VA.  

However, yes, you probably want to appeal any/all disputed issues.  

To do this:

1.  File a NOD on the applicable NOD form.  

2.  With your decsion and your cfile (at least medical evidence, which should be quickly obtainable from your local VAMC) in hand, carefully craft your NOD refuting any inaccuracies in your VARO decision with EVIDENCE, not your opinion.  

     EXAMPLE:   I disagree with the VARO decision dated June 25, 2018 on the following issues.  

1.  Denial of TMJ.  The decision cited that there was no nexus, however, Dr. P on 11/18/2017 stated, "Its at least as likely as not the the Veterans TMJ was a result of a fight during military service".  I disupte that there is no nexus, this statement confirms the nexus.  

2.  I disagree with the percentage rate for headaches.  (now cite the criteria for headaches and cite the symptoms from your medical exam. 

3.  I dispute the effective dates above, they should be the date I applied.   

That’s where the confusion comes in at.  I don’t have any  evidence from 2010 Other than me filing for it while I’m was on active duty.

 

Edited by Wjason777
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Hello, I found out why the effective dates are what the are. 

The Va is saying that the BVA are using the date of exams instead of using the date of when I first file. The Va rep said it's up to the BVA to decide which date to use. 

With that being said. I'm just going to file for an Increase for TMJ back to 30% which would put me 100% if granted. However, I just recently took new DBQf for TMJ and i think it may be enough for an increase.

Should I used the legal format template for a Lay of statement (Sworn Declaration) when I submit my claim along with the DBQ?

tmjpage1.jpg

tmjpage2.jpg

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Edited by Wjason777
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