Higher level or lawyer up?

[oldtimer92]

Can someone riddle me this please? So how does the va get away with changing the condition that you have been trying to claim for four years and they have denied before (facial nerve disorder that secondary to migraines) give you a low ball rating on the left side affected area but not the nerve that caused it. They sent me to c&p exam for facial nerve disorder. Examiner stated 50 % or greater secondary to migraines. They made up conditions like unequal smile, unequal eyebrow raise, left side droop to face. I could only find these when looking up the nerve itself and not these as conditions. Then they rate the right side with the same condition that you have been putting on my claim and denied for in the past at 0 service connected. Changed effective date to late c&p exam in 2019 because that’s when the affected areas where listed on exam.

[vetquest]

@oldtimer92, I may be wrong but I think I would lawyer up at this point.  See is anyone is willing to take the case.  Look at NOVA approved lawyers.  If they think it will not fly they will tell you so, just don't listen to the first one though as others may take you on.  I lawyered up when they started trying to sever my service connection and a protected disability.  Sometimes we need that extra help when the VA is giving us the run around.

[broncovet]

The VA "gets away" with this kind of stuff because:

1.  The Veteran does not timely appeal and/or:

2.  The VA has no accountability for their actions.  

     I agree that hiring a lawyer is worth serious consideration.  When I consider hiring a lawyer I look at these important factors:

1.  Can I represent myself?  Do I have the expertise, the endurance, the determination, and good enough health to see the claim to a favorable outcome?  

2.  If I make a mistake on any of the forms or deadlines, can I afford to wait 4 or 5 more years to start over?

3.  Is the attorney likely to get a faster or more favorable decision than I am on my own?  

      Attorney's win (award or remand) 90 percent on average of the time they represent Vets.  Pro Se VEts/VSO represesented Veterans win a much lower percent of the time.  

      Therefore, if you have a high skill level, are in good health, and are patient and determined, you may be able to win it yourself.  

      However, if you lack skills, good health, organization, resources necessary to devote to the project (time and money) , then you are better off retaining an attorney.  For example, you might need an IMO.  Can you afford to pay for an IMO and then wait for your retro check?  If not, you may be better off retaining an attorney who has the resources to do this.  

[oldtimer92]

@broncovet, thanks for your advice. I  want to apologize for this long post but I wanted to give you dome history. think I could do this on my own but it seems as though every time I think I have the i’s dotted and t’s crossed then the VA sucker punches me with something else. I  filed for and increase of migraines in 2015 due to fact that I developed a facial tic during and after attacks. The VA referred me to. Botox doctor to treat both conditions. My claim for facial tics was denied, so I was advice to claim the diagnosed condition secondary to migraines. And that is where this journey began. I had an intent to file done every year since the initial claim was denied in 2015 until I opted into RAMP at that point I was told I didn’t need to do one because the claim was being reviewed. That was in 2018. When the claim appeared in ramp, it again read as service connected condition and I kept telling the va that it  for secondary condition and not direct service connected. During this time the VA sent me to c&p exam that was suppose to be for both conditions but the examiner was only sent DBQ for increase and not second condition. But the examiner did make remarks regarding the second condition based on my history and current condition. When decision letter came they stated the examiner did not find a connection for the secondary condition. I knew this to be false because she said that it was 50 % or greater that is was from sc condition. I went to examiner and she wrote a statement to clarify this and I sent it with the supplemental claim. So I’m thinking how can you deny something that you did not ask for an opinion for?  So once the supplemental was was submitted the secondary condition’s medical terminology had been changed to another condition. I was sent to another c&p exam for that condition and the examiner said that the confirm was correct. My V and VII facial nerves were damaged and she agreed at 50 or greater as well. She also stated this would affected the sc connected migraines. She also made remarks that my right side of the face was showing symptoms as well. So when I finally see the claim was closed.

First thing I see is the condition rated is not the same condition that I was sent to exam for, they have made up names that are not even listed in CFR as conditions, but as symptoms.

Second thing is they rated it at the lowest percentage, when CFR clearly states those symptoms should be rated higher.

Third thing I see is the also rated the right side with 0 percent with the same medical terminology that I have been using since 2015. And they did that based on remarks from examiner but did not rate the condition from the other exam based on the remarks of the examiner.

i think I can explain all of this in a higher level review but think an attorney would be an option after that.

Again I apologize for the long post and I hope it makes sense