Requested Increase, and they removed my Service Connection!

[flow1972]

Every interaction with the VA Claims people makes me want to pull my hair out.  I was granted SC for Asthma last year at 10% as worsened by service.  10% because I was on an Albuterol Inhaler as needed.

I submitted a Claim to increase the rating to 30% because I was recently put on an inhaled cortiso-steroid which would put me at 30%.  I'll be damned if they didn't even examine me for it...they requested a DBQ from a Dr I've never seen who "decided" that basically it never should have been SC'd in the first place because though it does show I had to be treated in service and prescribed an inhaler (literally states I'd never needed one in 11 years prior to service) that he doesn't really think I even "have asthma" but if I do...it wasn't "worsened beyond normal disease progression".. Wait what?  I don't really have it...but just in case..it didn't get worse by more than it would normally have.  OMG!!!!  I want to freaking scream right now!!!!  He literally wrote some lengthy diatribe of my history where he double-talks the entire way through.  Just exactly what IS "normal progression" for a disease I don't have, Mr. Asthma expert?  He literally says two different things in one statement.  Notes I've only been seen X amount of times...blah, blah, blah.  Well, let me tell ya, Mr. Expert.  The reg does not in any way state I have to be seen a specific number of times.  Considering I hadn't been seen AT ALL for 11 years for anything even resembling Asthma prior to service...then even ONCE is MORE than before.  What it states is was it "worsened"?  No visits, no meds...to visits and meds = worse.  I'm D-O-N-E with these idiots.  I'm literally going to get a lawyer to deal with them.  I am literally at 91.37% (was 92.23) with an open HLR on incorrect rating that should have also been at 30% with another open new Claim.  This is nothing more than them TRYING TO KEEP VETERAN's FROM HITTING 100%!  

 

 

 

 

Edited October 20, 2020 by flow1972

[pacmanx1]

I am currently in the process of writing a response to a VARO decision that decreased my rating from 50% to 10%. I filed a NOD, and the VARO just restored my rating back to 50% but screwed up the effective date. Yes, you are going to have to file an appeal. It is called a “Mischaracterization of Issue on Appeal” to get your service connection back. 

 

[Carl the Engineer]

"This is nothing more than them TRYING TO KEEP VETERAN's FROM HITTING 100%!"

People on this board have disagreed with me before, when I said that when you get to 90%, they scrutinize your future claims to keep the Veteran from getting to 100%.  

Each claim is supposed to stand on it's own whether its your first 10% or your last 10% to get to 100%.  But I would only agree if the raters did not see your whole record, but just what pertained to the current claim, and did not know your current percentage.  We know they see it all, so they know you are at 90%, unlike a first claim for 10%, costing the VA a couple hundred bucks, at 10% claim putting the Veteran at 100%, costing the VA around 1300 bucks plus full medical, educational, benefits for the family, etc.

It only stands to reason, if you're the money guy/gal at the VA, it's any easy decision..

That's why I say, it should be spread evenly out throughout the percentages.  As an example, a single Veteran at 100% gets $3106.04, so each 10% should be $310.60 give or take.  Then the first claim or last claim for 10% would be the same (no monetary incentive to deny).  I think the family stuff could be worked into that also..

Money controls everything,

Just sayin,

Hamslice

 

Edited October 20, 2020 by Hamslice
cause I can

[pacmanx1]

Hamslice, you have been around for a while. I will agree that when a veteran reaches 90%, VA rating chart is not veteran friendly and makes it extremely hard for veterans to reach 100% scheduler.  Keep in mind that a veteran only needs to reach 95 on the combined rating chart for VA to round up to 100%.  The problem is when I was rated 90%, I needed another 40% just to hit that magic number 95.  Most veterans will need another 30%, 40%, or 50% depending on the breakdown to hit that 95 on the combined rating chart for VA to round up to 100% scheduler. 

[GBArmy]

As pacmanx1 you need to file a NOD promptly, or the reduction will stick. Worse case situation is i opinion negative by the VA and 1 opinion positive for the veteran. Tie goes to the veteran. You should win it back and, if your symptoms show your rating should go up, you should get a bump in ratings also. But appeal right away IMHO.

[flow1972]

9 hours ago, pacmanx1 said:

I am currently in the process of writing a response to a VARO decision that decreased my rating from 50% to 10%. I filed a NOD, and the VARO just restored my rating back to 50% but screwed up the effective date. Yes, you are going to have to file an appeal. It is called a “Mischaracterization of Issue on Appeal” to get your service connection back. 

 

Question...in the "New System" can I even file a NOD, or is it literally the 4 "choices" they give you where you'll wait for MONTHS for anyone to even look at it...?  I've seen nothing in the New System choices that equate to a NOD.  Pretty sure I'm going to pull in a lawyer at this point.  With this BS, another rating on HLR because it was low-balled (these two would have put me at 100 on their own), and a new claim....I am just over their nonsense.  And when you get in to some Dr. I've never met giving an "opinion" that is ludicrous, it becomes too much to try to figure out on your own.  Which is sad.  IT SHOULD NOT BE THIS HARD!  IMO, if a rater made an opinion to SC a condition in the past...it should NEVER be allowed to be reversed by a "New Rater" who decides differently.  According to their own regulation, a tie should go to the Veteran..and getting "New opinions" that are simply meant to find reasons to deny should not be allowed.  If it's connected...it's connected, period.  Only "new" decisions should be around "rating".

[Buck52]

11 minutes ago, flow1972 said:

Question...in the "New System" can I even file a NOD, or is it literally the 4 "choices" they give you where you'll wait for MONTHS for anyone to even look at it...?  I've seen nothing in the New System choices that equate to a NOD.  Pretty sure I'm going to pull in a lawyer at this point.  With this BS, another rating on HLR because it was low-balled (these two would have put me at 100 on their own), and a new claim....I am just over their nonsense.  And when you get in to some Dr. I've never met giving an "opinion" that is ludicrous, it becomes too much to try to figure out on your own.  Which is sad.  IT SHOULD NOT BE THIS HARD!  IMO, if a rater made an opinion to SC a condition in the past...it should NEVER be allowed to be reversed by a "New Rater" who decides differently.  According to their own regulation, a tie should go to the Veteran..and getting "New opinions" that are simply meant to find reasons to deny should not be allowed.  If it's connected...it's connected, period.  Only "new" decisions should be around "rating".

YES YOU CAN  BUT YOU WILL NEED TO USE THE CORRECT NOD form which is  VA Form 10182  AND NOT THE OLD LEGACY APPEAL NOD 21-0958

CLINK THIS LINK BELOW TO  VLB (Attorney Chris Attig)  he explained the difference between the old system and this new AMA System /When filing the NOD

I believe you will need to send in your VA Form 10182 NOD and appeal to the BVA (JMO)

https://www.veteranslawblog.org/ama-notice-of-disagreement/