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What's the best way to appeal a grant?


Army57978

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So my original legacy claim was denied and I did a nod for a dro review. The dro granted 1 condition at 0% and denied the other two. If i just want to appeal the rating on the one granted at 0% which would be the best route to take. I dont need to add additional evidence as i feel what is in there should be good but I can if you think it will be better. According to va.gov both a supplemental and higher level review both take 4-5 months. I was originally legacy so would this now become ramp? Not sure what to do next. Thanks 

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Obtaining service connection, even at 0% rating, is actually a pretty big deal!

Every approved claim has three prongs that can be granted in full or appealed: service connection for a particular disability; effective date; and rating percentage.  Having won service connection, you can now focus on getting a higher percentage and/or earlier effective date as appropriate for that claim.  

Typically, without additional supporting medical evidence/opinion, you can expect the same result (denial).  So I'd suggest review the VA's reasoning:  if you feel it's wrong, or if they misinterpreted a service record, or concluded contrary to a medical opinion, let them know in writing by disagreement or appeal along with evidence to back up your argument.

All the best!

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Once your service connected even at 0% the hard part is over  the VA believes your Disease or Injury your claiming was related to or happen while in the military.

Now what you need to do is find the Rating criteria in the CFR for which your claiming..

if you disagree with the 0% rating as to low and you want the proper rating given as to the highest ratings allowed by Law  you need to to some research and see what your rating criteria is for what your claiming  use that as your evidence with your Appeal.

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I've assume that your referring to a NOD? And your waiting on your SOC? before going further?

If so you may need to file the form 9 to the BVA  if you have did this and they gave you a final decision on your claim  you need to appeal with a 4597 form 

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You may appeal all or some of these issues:

1.  Denial of Service connection.

2.  Disability percentage dispute.

3.  Effective date(s).  

     It sounds like you should appeal the disability percentage, if you think it warrants higher than 0 percent. (likely).  

      There are "at least" 3 ways to appeal:

1.  Higher level review.  This is if you are certain VA has all the applicable evidence.   Dont use this if you need an IMO, or other new relevant evidence.  

2.  Supplemental claim lane.  This is the appeal if you need to add new evidence to substantiate your claim.  For example, if "Doc A" lists symptoms in excess of those which the VA used to rate you at zero percent, then FILE SCL along with Doc A's exam documenting you deserve a higher rating as you have more sever symptoms than 0 percent warrants.  

3.  Appeal to the BVA.  You can skip 1 or 2 and appeal directly to the BVA.  

     I think you should strongly consider number 2, above, unless you have a "real time" view of your cfile (available through VBMS, which is only available to attorney's and VSO's who have jumpted through VA hoops to obtain access).  

      Send new evidence with your appeal if you opt for SCL.  

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