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Ask for a specific % rating

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GBArmy

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  • HadIt.com Elder

Wondering if it is best to write a claim and describe your symptoms but not ask for  a specific rating under a diagnostic code, such as 30% under code 8700 for migraines. I know some feel that if you ask for a specific rating you can be short changing yourself from getting an even higher rating. But the counter argument to that is if you don't "help" the rater, they can apply the wrong code, and also a wrong rating %.

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GB

This is a very good question and I have always gone with give them the evidence to show you are at that percentage and let them compare the two.

I am not sure if that would not bite you in the ass with the rater getting mad because you are telling them how to do their job.  I could be totally wrong here and they love it as they just connect the dots and are done.  I could see this one going either way!

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  • HadIt.com Elder

Yup, Shrek, I know. That's kinda why I put it out there to see responses. I can see the rater getting ticked, but I can also see them assigning a wrong code, and therefore, wrong rate. So you would have to appeal again. 

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I concur you should NEVER SPECIFY A DISABILITY PERCENTAGE LESS THAN 100 PERCENT.  

Reasons:  

There are always revisions in regulations on going which we have no knowledge of.  

By "self limiting" your disability percentage, the likelines of it hurting rather than helping is great.  

The law prohibits VA from awarding more than entitled.  But Vets often get less.  

Rating specialists are often offended by Veterans trying to do their job for them.  Their job is to determine the correct rating disability percentage, if eligible for SC compensation.   The rating schedule could have changed in the long disability process, and become more "liberalized".  That is, more favorable to the Veteran.  

So, if you applied for 30 percent, and regs changed, and you became eligible for 50, or even 100 percent because of the rating changes, do you want to be stuck for getting what you asked for???  

The same is true for effective dates.  Let me use an example.  

Lets say you apply for benefits July 1, 2001.  You get an effective date for Oct. 2009.  You appeal, arguing you should get July 1, 2001.  Little did you know about the regulation which says if you apply within a year of exit from service, you get the date you got out of service, May, 2000, in this example.  

So, dont argue for 2001, argue for an "earlier effective date".  Lawyers call it "EED".  

Effective dates are complex as are benefits, and constantly changing with new case law.  

Apply for the maximum benefit allowed by law.  Never limit it to xx percent.  

Back to the original example, DC codes can change, or be merged with others, and you wont be sent a notice when that happens.  You want the one that produces the max benefit..whether you know about the changes or not.  Remember, its not usual for it to take 5 or more years to get your benefits after applying.  

Back to basics:

Caluza elements require a medical diagnosis, not a DC.  DC's are for rating specialists to figure out.  A rating specialist can assign an analogonous rating, if he thinks it is warranted.  Maybe the rater is veteran friendly and thinks you are more disabled than the DC code suggests, so he gives you a higher analogous rating, with an alternative DC code!  He can do that!!!  Dont make that hard for him by telling him what DC code you think it is!!!  Dont cut your own throat!!!  

Edited by broncovet
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Its the same example when you buy a car.  

If the dealer asks, "how much will you pay for this car", dont answer.  Ask them, instead, what is the lowest you can sell it to me for.

They want you to say, "Oh, I can afford 350 per month".  So, what do they do?  They raise the price of the car 1000 dollars, then finance it for 12 years so "you" can get 350 per month.  You can bet you will be "upside down" in that car for then next 8 years, so you better love that car as you wont be able to sell it unless you pay someone to drive it away.  

ITS a trick.  In the car business, its the first one who speaks loses.  Dont give away the farm, keep your negotiating tools close to you.  If they ask you how much you can afford for car payments, tell them you want the lowest car payment possible.  If they ask you if you can afford 350, tell them you want lower.  If they ask you if you can afford 325, tell them you want less.  If they ask if you can afford 250, tell them you want less.  Make them give you the lowest number, dont let it be your number.  

"payment committment" is a closing technique.  They want you to commit to a payment, then they make the car fit your payment...usually by making you pay a high interest rate or very long term loan.  

Edited by broncovet
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  • HadIt.com Elder

Just my opinion  it depends on the rater you get, I had a rating specialist call my private Dr to get my Hearing Test Numbers and ask if the numbers were correct  from the chart I had in my evidence?...the Dr I agreed as she look up my medical records at her office and they were the same as I had in my evidence  and I got a correct rating.

It does Infuriate  the rating specialist  if we try to tell them how to do their job. and you just might get a low ball rating   and  this only causes you to appeal.  who like appeals?

We can site the rating criteria that best fits our condition were claiming  but I'd leave it at that...this just tells the rater this veteran is on his toes and reads the regulations and the rating criteria...but never use words I deserve to be rated   this or that  let the rating criteria speak for you.

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