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Would like some help.

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SizedKitten

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I’m currently fighting the va myself with my claims. I feel I am underrated and filed for increase on my mental and GERD. My DAV rep or hell any DAV rep will not pick up a phone call or return a phone call. I’m trying to find a VSO near me and can’t seem to get on the right path. Just need a little help with that magic touch to get me where I need to be. Am currently rated at 60% and feel like I’m 80% worthy. Sorry for rambling on just got off work and tired., thanks in advance.

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Welcome to hadit.  You get more answers to your question if you ask specifics in the topic line.  

If your problem is limited to VSO's not returning calls, then we cant fix that..most of them dont.  

If you want to post the questions as to why you are calling your VSO, perhaps we can answer.  

As an example, lets say you think you were lowballed on your Gerd, then state in the topic title something like,

"What do I need to get to 80 percent for GERD"?

Edited by broncovet
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Typically, GERD is rated analogous to a hiatal hernia under 38 C.F.R. 4.114 diagnostic code 7346. Ratings under diagnostic code 7346 range from 10 to 60% disabling, and depend on the presence and severity of a variety of symptoms. The requirements for each are as follows:

  • For a 10% rating, a veteran must present with “two or more symptoms of the 30 percent evaluation of less severity.”

  • A 30% rating requires “persistently recurrent epigastric distress with dysphagia, pyrosis, and regurgitation, accompanied by substernal or arm and shoulder pain, productive of considerable impairment of heath.”

  • A 60% rating requires “symptoms of pain, vomiting, material weight loss and hematemesis or melena with moderate anemia; or other symptom combinations productive of severe impairment of health.”

You're presently at 10% for GERD.  In order to get to 80% with just an increased GERD rating you will need to get your GERD to 60%.  The reason for this is VA Math.  50% MDD plus 30% GERD = 65% which gets you to 70%.    60% GERD plus 50% MDD = 80%.   Get an IMO/IME for your GERD which states that your symptoms are what is listed above.  Good Luck.

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 I have some very poor opinions of VSO's myself,  that is not to say they are all bad.. but too many are bad, and they are seriously overworked which doesn't help.

With that said... No one cares about your claim except you and your spouse... 

In my opinion, you need to work your own claim. If you can read and understand the rating guidelines for your medical condition,   If you can read and understand the claims process, and if you can read your medical records you can work your own claim with minimum help.

So now you have a denial.. you have to look at the reason for denial,  which will likely say something like you medical records don't show that you should be increased to a higher rating or there is no current diagnoses, or your condition was not shown in service.... 

In any case, read the denial and then look at the evidence  they used for the denial.   Its not rocket science,  did they misunderstand the evidence, or are they correct in the denial.  Its that easy.  If you sincerely feel the denial is not justified, then you have a few opinions. 

1. Appeal the case, telling the va why the denial is not justified, did the C/P examiner leave out important information that would help your Case?  If so document the errors. 

2. Appeal with an Independent Medical Opinion ( cost $1500 on average)  make sure the opinion indicates that a review of all your medical records was conducted, and it also needs to show clear medical rational for teh opinion,  you want the statement  " it is at least as likely as not" or, it is more likely than not"  in the statement.  

You have to address the reason for the denial with sound evidence.... 

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I too fired my VSO -- DAV. Then lawyer(ed) up because I had medical diagnoses in service and should have been 100% the day I left the service. The clowns at the RO gave me 10% even with presumptive. 

Unlike the other website where they continually say the RO does nothing wrong, you're better off here. 

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