Appeal Rate Asking For

[Cavman]

This is a hypothetical, but very interesting, I think.

Say you are at 30% and you appeal asking for 70%. If the raters do not feel your appeal warrants 70%, will your appeal be denied? If they feel it deserves 50%, can they give you a lessor amount than appealed for? I think some of us are under the impression it is all asked for or nothing.

Cavman

[Objee]

This is a hypothetical, but very interesting, I think.

Say you are at 30% and you appeal asking for 70%. If the raters do not feel your appeal warrants 70%, will your appeal be denied? If they feel it deserves 50%, can they give you a lessor amount than appealed for? I think some of us are under the impression it is all asked for or nothing.

Cavman

Cavman,

I always state the percentage I want and justify it in the filing. If the RVSR disagrees, I get a lesser percentage and a statement

equivalent to an SOC within the decision letter. Hasn't been a problem yet.

Ralph

[Pete53]

You can ask for anything and the VA can pretty much do anything. But to answer your question you can ask for 70% and the VA can give you 50% or an increase or leave it the same or even reduce it.

Any time you ask the VA to do something your ratings can all be reviewed and changed.

That said I have very seldom seen a Veteran who was lowered.

[Vike17]

Cavman,

When a veteran appeals a claim and asks for a DRO review, the DRO will consider the highest disability evaluation possible according to the rating schedule. If the DRO is unable to grant the highest award allowable but can grant a percentage somewhere in between, he/she will promuligate a rating decision awarding that particular percentage and then send a Statement of the Case (SOC) outlining the reasons why they couldn't grant the highest amount.

For example, in your senario, the DRO would issue a rating decision granting the increase to 50% and simutaniously issue a SOC stating why they were unable to grant the 70%/100%.

When an appeal is before the DRO, they cannot reduce a rating below what was previuosly granted. For example, in your senario you presented, the DRO cannot reduce the rating from 30% to 10% because he/she feels that is the appropriate rating. The previous decision by the RVSR to award 30% is a done deal and a DRO has no authority to reduce that award, unless of course they can show fraud was involved with that prior decision.

Vike 17

Edited February 18, 2007 by Vike17