Higher level review

[Kuwaitin08]

On 12/13/2019 at 10:29 AM, awfullsharky said:

Well they kicked it back to gathering evidence the other day and sent me a form for unemployability. I didnt ask for it but they are sending anyway. what does that mean? That they think i need it or what? I do need it but coulnt get it due to my current rating. Which my liaison from the va said is getting increased from another claim to 90 ( tentatively ).

A similar thing happened to me. When your veteran service officer told you the claim was closed, it probably was momentarily. When the VA finds an error during a higher level review they will close the claim to re-open it as a step called correcting in error. When that occurred to me it was only about halfway through the complete process.

For example on July 26 of 2019 I began my higher level review. It was completed September 3 and then re-opened a few days later as “VA is correcting an error”. My entire claim is still in process but three out of the five were approved December 12th. The best thing I can tell you is to keep checking the benefits under the my disabilities tab. It will show up there before anywhere else. The VA.gov website hasn’t changed status since September. I hope everything works out for you. Please keep us informed.

[awfullsharky]

Thanks for the info! Mine was kicked back to gathering evidence on the 12th of December with the exact same start date. Due to the Dr's statement in a new c&p exam they requested on my neck. So they can't give me my neck without also giving me my back as they are tied together in my claim!!! they have already told me i will get 10% on my neck so waiting to find out what they will give me on my back. Should be pretty good as my back is in bad shape. Been out of work for a very long time.

[Vync]

3 hours ago, awfullsharky said:

Thanks for the info! Mine was kicked back to gathering evidence on the 12th of December with the exact same start date. Due to the Dr's statement in a new c&p exam they requested on my neck. So they can't give me my neck without also giving me my back as they are tied together in my claim!!! they have already told me i will get 10% on my neck so waiting to find out what they will give me on my back. Should be pretty good as my back is in bad shape. Been out of work for a very long time.

The back and neck are based on the exact same spine rating criteria. They consider your neck (cervical) a single segment and the rest of your spine to a completely segment (thoracic/lumbar). You are indeed correct that they are related.

[awfullsharky]

thanks vync but they have separate ratings correct

[Vync]

1 hour ago, awfullsharky said:

thanks vync but they have separate ratings correct

Correct. Your neck and the rest of the spine are rated separately. 

If rated for either, don't forget to consider secondary ratings, especially for radiculopathy. It's pretty common to have that and other issues related to spine ratings.