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Should I Appeal my VA decision?


Ronc531

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I just received my decisions for multiple clams. I am temp 100% ratings right now for my knee. That will be going away in a month.

I claimed some other issues that I feel are related to my rt knee being messed up for the last 40 years and 12 knee surgeries. They replaced the knee last year and up until that time I was at 10% (last 40 years) for my knee.

They gave me 20% each for each foot for my neuropathy and 10% for my left knee. They denied 5 or 6 other things. They also said that the scaring on my rt knee from all the surgeries were related but denied any % for it, not sure why.

I am going in tomorrow to see my rep that helped me file my clams for me, but want to know what you guys think about appealing all the denied clams? do the percentages seem legit for the ones that they did approve?

It takes so long to get these clams through, I’m not sure it is worth the process, I would love to get to a 100% so I can get the benefits. At my age now 61, I need the benefits more then ever.

So again, what advise can anyone give me on how to proceed? I was surprised I got anything on the first time requesting they be covered. It seems like in the past it took multiple appeals to get anything. And they left me at 10% for 40 years even though I had 11 surgeries and had asked for a higher rating.

Edited by Ronc531 (see edit history)
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Appeal any denied issues you think should be awarded, and appeal the disability percentages if you feel they are low.  

Apply for tdiu if you are not working.  

Yes, its a lot of trouble but worth it. 

 

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Short Answer: YES. If you think you aren't receiving what you should for a rating, you definately should appeal. So what if it takes months or even years. The time goes by whether you submit or don't doesn't it? So yes, appeal. You need to get a IMO from a doctor to say how much these disabilities now effect your life. Go to findmydisabilitymadeeasy.com, look up your disabilities and compare your conditions to the different rating levels. If you deserve a higher rating, then you need to challenge. Get a IMO letter from a doctor that supports your condition. You can do this. As for the scarring, you are half way there if they granted s-c, even if it is 0%. Again, go to http://www.militarydisabilitymadeeasy.com/scars Scars are a little harder to evaluate; sometimes the evaluator misses a scar, or forgets to add them together, etc.: it really can be questionable. Also, do they cause you discomfort, never really heal up, etc.? If you got a doctor to document that they meet the criteria for a 10%, you can use that. See https://www.benefits.va.gov/compensation/dbq_ListByDBQFormName.asp to get a DBQ for the doctor to use.

Go for it!

 

 

 

 

 

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just like Bronco and GB said if you feel the rating is not correct appeal!!!

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7 hours ago, GBArmy said:

Short Answer: YES. If you think you aren't receiving what you should for a rating, you definately should appeal. So what if it takes months or even years. The time goes by whether you submit or don't doesn't it? So yes, appeal. You need to get a IMO from a doctor to say how much these disabilities now effect your life. Go to findmydisabilitymadeeasy.com, look up your disabilities and compare your conditions to the different rating levels. If you deserve a higher rating, then you need to challenge. Get a IMO letter from a doctor that supports your condition. You can do this. As for the scarring, you are half way there if they granted s-c, even if it is 0%. Again, go to http://www.militarydisabilitymadeeasy.com/scars Scars are a little harder to evaluate; sometimes the evaluator misses a scar, or forgets to add them together, etc.: it really can be questionable. Also, do they cause you discomfort, never really heal up, etc.? If you got a doctor to document that they meet the criteria for a 10%, you can use that. See https://www.benefits.va.gov/compensation/dbq_ListByDBQFormName.asp to get a DBQ for the doctor to use.

Go for it!

 

Thanks, the therapist said a lot of the issues I was having was because of all the scars from the different surgeries.

 

 

 

 

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I would really like to know what they are going to rate my knee after the temp 100% is over. they say a knee replacement is 30 to 60%. after 12 surgeries my knee is really bad even with the replacement. 

my left knee has had to work extra because my right knee has been screwed up and now it bothers me as much or more then my  bad knee. 

whatever the rating, with the other 3 that they approved, i will be at least 60% and the benefits for 60% will be nice. 

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So on the scars, if you an get an independent medical opinion that confirms what you think your condition is, say minimum square inches for example, then submit it with the dbq for scars. The higher in the medical profession you go, the better it is, so it would be best to get a doctor to fill it out. But, since you are already s-c for scars, I would be willing to be just a nurse or APRN would work. If not, do it again later by a doctor. just google dbq scars for the form. As for the other knee AND OTHER's, like hips, ankles, feet, etc. if they are messed up, you want to get rated for them as well as secondary to the original knee. It isn't unusual for a s-c knee ends up messing up other joints.

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Remember with scaring there are different was to attack this. I am at 30% and at some point 40%.  This is for painful scaring and unstable scars. Look through scaring and see which fits you best!

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Hi there.  Yes, if you disagree with the assigned rating percentage or the effective date, you have every right to submit an NOD or appeal depending on where your claim is procedurally.  A few things to keep in mind for context: 

1. the disability rating is meant to be a way for the VA to compensate the Veteran claimant's loss of ability to earn a living.  So, a 10% rating means that the VA believes the claimant's disability has a 10% effect on his/her ability to earn.  50% rating means that the disabling condition has a 50% effect on claimant's ability to earn... 100% means that the service connected condition(s) make the claimant totally unable to earn.

2. Generally, if a Veteran has multiple disabling conditions, the VA uses a "combined rating matrix" that essentially averages the various percentages.  Multiple disabling conditions are not added together.  So if you have 10% for tinnitus, 30% for degenerative joints, and 60% PTSD, you will not have a total of 100% rating.  Instead, the VA will give you a combined rating of around 50-60%. 

3. It will get increasingly difficult to reach 100% combined rating unless the VA determines that the claimant is unable to be gainfully employed--in which case they are rated as TDIU 100%.

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