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Appeal, NOD, VSO dropped ball, been 9 years.
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SGT Van
Hi. Thank you all for your service! I wanted to get some insight... I originally had a 40% rating for lumbar strain degenerative disc (I actually have 3 herniated discs) that got reduced from a lame C&P exam to 20% in 2009. I filed an NOD through the VFW and it was received by the VA. The VFW told me that then it was a waiting game for the BVA. I waited... 2 years and heard nothing from the VA. Hounded the VFW via email and they finally responded to me stating that the appeal was closed because of lack of evidence. I got pissed and stopped trying. The VA never sent me anything closing the appeal, and the VFW really gave me false information on this process and what any of this means. I was so mad that I waited years for nothing because I didn't know the process and I assumed the VSO would help me, but they didn't.
Now fast forward to today, about 10 years later and I have the strength to fight the VA again because I feel my rating should be 40% like it was in the beginning, and in fact my back is worse today verified by a MRI 4 months ago. I also had another C&P exam for nerve damage secondary to my back that just got approved another 40% in 10% increments due to my horrible sciatica. My question is this... Since I filed the NOD in time, can I still fight to get the rating restored, and is there a possibility of backpay maybe if I use an attorney?
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