Ready to be rated

[Hucast21]

Hi all,

I called Peggy about my appeal and was told that “your claim is ready to be rated.”

Recently, my lawyer faxed intake my IMO, and was curious if anyone knows the timeframe from “ready to be rated” to a decision.

Thanks,

Hucast21

[Hucast21]

32 minutes ago, pacmanx1 said:

Don't give up the fight, look at it this way, VA would rather grant your least documented disabilities at 10%-20% paying out $142-$281 + other disabilities a month compared to granting your most documented disabilities at 50% paying out $893+ other disabilities a month and that is not even counting dependents.

I will not give up the fight. The blatant denial is just a punch to the gut, but I am over it now. 

VA gave me 10% for each knee where my knees were only documented twice in my SMRs - one sick call about my knees hurting, and the separation physical exam stating PFS due to the physician finding crepitus in both knees. The C&P exam found crepitus in both knees and gave the magic words of “at least as likely as not related to his military service.”

My other contentions were major depressive order secondary to migraines and TDIU. Obviously, those were denied. My VA treatment records are littered with “veteran having daily SI due to his migraines” by providers and a diagnosis of major depressive disorder.

And I hope this opens up a lot of eyes to other veterans who wish to file a claim and are perusing this website - having a documented disability in your SMRs along with receiving treatment for your current disabilities diagnosed by VA providers, plus an IME w/ IMO from a board-certified specialist does not guarantee a win if you file or appeal a claim.

It will most likely have to go the BVA, which is a shame. 

 

Edited April 9, 2020 by Hucast21

[Buck52]

Hucast21

Don't feel to bad I think most of us had been denied a few time too I know I was denied and in Appeals for 5 /6years. some of the other hadit members longer than that   broncovet was in appeals 18 years  

Just pick ya hat back up and move forward  you will WIN .

Just remember to keep your Appeal time line up!

[Hucast21]

19 minutes ago, Buck52 said:

Hucast21

Don't feel to bad I think most of us had been denied a few time too I know I was denied and in Appeals for 5 /6years. some of the other hadit members longer than that   broncovet was in appeals 18 years  

Just pick ya hat back up and move forward  you will WIN .

Just remember to keep your Appeal time line up!

Thanks Buck52.

Reading other veteran stories here on hadit about how the evidence is so apparent and still got denied, and then the same thing happens to you is really a wtf moment...

Like, the VA does not follow its own rules and regulations in regards to most VA claims.

It just blows my mind how my RO discounts strong probative evidence for my case and takes a medical opinion from an NP who also rendered an unfavorable decision by incorrectly applying VA’s definition of migraine headaches is really something. 

The C&P exam for my migraines states I had migraine headaches while in-service but does not meet the definition of chronic migraines because I do not have 15 episodes per month or more...

The VA rating criteria for migraines is:

8100 Migraine:
With very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability	50
With characteristic prostrating attacks occurring on an average once a month over last several months	30
With characteristic prostrating attacks averaging one in 2 months over last several months	10
With less frequent attacks	0

Nothing to do with having 15 chronic migraines per month.

At the time of exam, I had 4-6 migraine headaches per month that were prostrating in nature. Currently, the number has increased to 5-7 per month. 

This is just downright sad that the VA does not follow their own rules.

Edited April 9, 2020 by Hucast21

[63Charlie]

3 hours ago, Hucast21 said:

 

I do no understand how the VA can deny service-connection when the evidence is cut and dry.

 

 

The RVSRs at the VARO often ignore favorable evidence.

C&P exams are often inadequate yet the RVSRs accept them anyway.

It's a battle to get VA benefits.

You have to fight the VA for what is yours.

 

 

[Hucast21]

3 minutes ago, 63Charlie said:

The RVSRs at the VARO often ignore favorable evidence.

C&P exams are often inadequate yet the RVSRs accept them anyway.

It's a battle to get VA benefits.

You have to fight the VA for what is yours.

 

 

And I will continue fighting. I think what puts my mind at ease is because I have representation from a well-known law firm that handles VA claims.

Basically, the law firm (from what I have heard) does not take cases unless it is pretty cut and dry.

So, when my lawyer looked into the system today and saw my NOD and supplemental claim were denied, he immediately faxed VA Form 9 to the intake center.

[Buck52]

Its best now days or yesterdays too, when we submit our evidence its best to send in their own regulations  on the criteria of what were claiming, 

I do think it matters what type of rating specialist we get, if he knows the critera for a rating and the veterans sends it in with his evidence  then that's cut &dry...taking the word of a NP is not a good rater ..so its best to send in their own criteria on what were filing on.  besides the raters are trained to use  the rating criteria manual.

and even then some raters fail to read all our evidence and the rating manual.

Also its best to high-lite the area of evidence you wish them to read..and the rating critera especially filing a FDC