Correcting percentage without appealing

[seahound08]

I have a compensable rating for scoliosis. According to the schedule, if scoliosis is present, the rating is 20%. But that disability on my file is only rated at 10%. Is there anyway to correct it administratively or do I have to go through the "request higher rating" process with the exam and everything? They already say I have the condition, so it should just be a quick correction (I know, nothing is quick or easy with the VA). Any advice is appreciated. Also, this is part of my original claim and it is service connected so do I get back pay when my overall rating goes up?

[Carl the Engineer]

You can appeal it within a year of the decision letter,

or,

You can file for an increase.

There is know-one you can call to say, hey, I think I should have been rated higher.  The VA don't work that way.

I filed for an increase on what I thought was scored low.  Got an increase on one and was denied on one.  I have never appealed anything. Yet...

Keep in mind, the VA usually low-balls first claims.

Because they can, 

Just sayin,

Hamslice

 

[Buck52]

You need to appeal this decision and send them evidence as to why...you can attach this to the NOD   VA Form.21-0958

Appeals at the local regional office level

Once a VA office issues its decision on your claim, you have one year from that date to file an appeal. Read the decision letter closely:  it will tell you why VA made the decision it did.  If you are unsure why or how VA made its decision, ask a Veterans service officer for help.  You can also call VA or go to your regional office.

or check here on Hadit

If you disagree with VA’s decision for any reason – the effective date of your award, the rating percentage you were given or the reason you were denied – you should file a Notice of Disagreement (NOD). If VA included VA Form 21-0958, Notice of Disagreement, with its decision, you must use that form to file your NOD – it is mandatory.  The NOD is the start of your appeal.

 

[kanewnut]

17 hours ago, seahound08 said:

According to the schedule, if scoliosis is present, the rating is 20%. But that disability on my file is only rated at 10%

If you could post your decision, covering up your personal information, we could see what they have done. If they have done as you say this looks to me like what Berta would call CUE yourself for the RO. 

[broncovet]

Great question!  And, its a big part of "What is wrong with VA?"   

Gee, when you buy a burger at McDonalds, and its too dry or too cold, you can go to the manager and he will likely replace it immediately...5 minutes or less.  

Of course, VA says that Veterans do not deserve this kind of service.  Right now, I have a 2015 appeal in, and, I just found out that I have 148,000 Veterans ahead of me STILL.  This is after waiting 3 years.  I think it will take at least 5 MORE years.  

Congress recently (2017) passed the "RAMP" program, and you can "opt in" to that.  They promise to have most appeals done in 125 days, so that sounds like a good option for you, unless you want to stick around until year 2026 for your legacy appeal, and then, of course, the VARO will have to make you wait still longer to implement the board decision.  

My advice:  file a nod, and opt in to RAMP.  This way, you "might" get this resolved later in 2018 or early 2019.  

[Berta]

If you do scan the decision, and attach it here ,we need to see their medical  rationale for the 10%, the Diagnostic code they used and the date of the decision....and the C & P exam ( cover c FILE # and any names etc on that.

Some spine related (IVDS ) codes and ratings changed over the years.

[kanewnut]

21 hours ago, seahound08 said:

I have a compensable rating for scoliosis

Forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees; or, forward flexion of the cervical spine greater than 15 degrees but not greater than 30 degrees; or, the combined range of motion of the thoracolumbar spine not greater than 120 degrees; or, the combined range of motion of the cervical spine not greater than 170 degrees; or, muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour such as scoliosis, reversed lordosis, or abnormal kyphosis    20
Forward flexion of the thoracolumbar spine greater than 60 degrees but not greater than 85 degrees; or, forward flexion of the cervical spine greater than 30 degrees but not greater than 40 degrees; or, combined range of motion of the thoracolumbar spine greater than 120 degrees but not greater than 235 degrees; or, combined range of motion of the cervical spine greater than 170 degrees but not greater than 335 degrees; or, muscle spasm, guarding, or localized tenderness not resulting in abnormal gait or abnormal spinal contour; or, vertebral body fracture with loss of 50 percent or more of the height    10

If you are only getting 10% for scoliosis then that does appear to be a problem.