RBrogen Posted October 17, 2019 Share Posted October 17, 2019 I'm trying to get a better idea of what the VA's obligation is under the "duty to assist" veteran's with developing and adjudicating their claim. Scenario: During a C&P exam for condition "A", tests performed also proved that a previously service connected condition has worsened. Question: Does the VA have any obligation to view that evidence as a sympathetic claim for increase for the service condition that has worsened? Thanks as always!!! Link to comment Share on other sites More sharing options...
0 Content Curator/HadIt.com Elder Vync Posted October 17, 2019 Content Curator/HadIt.com Elder Share Posted October 17, 2019 5 minutes ago, RBrogen said: I here ya about making sure things are right. I walked away from the VA for over 25 years and was stuck at a 20% rating. I picked it back up in Nov 2018 and as of April of 2019 went from 20% to 100% P&T. It has a direct impact on my family, my kids college etc and is only right that the VA do the right thing. My initial rating was 40% from 1995 to about 2008 when I discovered Hadit. If one or both of my CUEs are approved, the initial rating for those years should go up to 50% or 60%. 100% P&T is really worth it. My wife went to college and used it. My daughter is currently in college using it. CHAMPVA is a huge benefit for them too. Knowing that when I am not longer able to work, I don't have to rely solely on social security and my retirement. RBrogen 1 "If it's stupid but works, then it isn't stupid."- From Murphy's Laws of Combat Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information. Link to comment Share on other sites More sharing options...
0 RBrogen Posted October 17, 2019 Author Share Posted October 17, 2019 1 minute ago, Vync said: My initial rating was 40% from 1995 to about 2008 when I discovered Hadit. If one or both of my CUEs are approved, the initial rating for those years should go up to 50% or 60%. 100% P&T is really worth it. My wife went to college and used it. My daughter is currently in college using it. CHAMPVA is a huge benefit for them too. Knowing that when I am not longer able to work, I don't have to rely solely on social security and my retirement. Yeah I have a CUE in right now for a 1999 decision that would change my 20% to 60% so it is well worth the effort. I haven't investigated CHAMPVA yet but will be doing that as well. Vync 1 Link to comment Share on other sites More sharing options...
0 HadIt.com Elder GBArmy Posted October 17, 2019 HadIt.com Elder Share Posted October 17, 2019 Vync, nothing to worry about.You are too mean and lean for things to start going downhill. Vync and RBrogen 1 1 Link to comment Share on other sites More sharing options...
Question
RBrogen
I'm trying to get a better idea of what the VA's obligation is under the "duty to assist" veteran's with developing and adjudicating their claim.
Scenario: During a C&P exam for condition "A", tests performed also proved that a previously service connected condition has worsened.
Question: Does the VA have any obligation to view that evidence as a sympathetic claim for increase for the service condition that has worsened?
Thanks as always!!!
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Vync
On your prior claim, you might have got an agent who knew what they were doing. This time you might have got gomer pyle. Sympathetic reading might not have anything to do with it. That's why I had a s
GBArmy
Vync, nothing to worry about.You are too mean and lean for things to start going downhill.
Vync
Because the worsening was noted two months ago, you are well within the 12 month window and could file for an increase. If it was SC bilaterally, the increase would contain a nice boost. Here are
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