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Can a DROC overturn a BVA decision?

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63Charlie

Question

 

The Board decided my tinnitis claim is rated at 10%, effective date April, 2016.

 

The Board decided my Meniere's Disease is rated at 30%, effective date July, 2018.

 

Based on what I understand, after these favorable Board decisions, along comes a DROC under Section 1., "Reasons For Decision", and invalidates the Board's 10% tinnitus rating stating it is "stopped", and that my separate tinnitis rating is now combined with my Meniere's Disease 30% rating, effective July, 2018.

 

I'm attaching files for peer review and opinions.

 

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Edited by 63Charlie
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1 hour ago, Vync said:

granted me SC for both sinusitis and chronic allergic rhinitis.

I have two separate 10% rating for each condition, so I am wondering why they combined your issues into one rating. The rating guidlines were just changed, but I don't remember anything about them combining the two into one rating. They are after all two different conditions with totally different symptoms.  

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At least one law firm would agree..we should "keep going" even after we have gotten what we think is the max rating percent (usually 100 percent, but some of us dont think they should be rated that high, and that is probably right).   

The reasoning is in case of a future reduction, and a few other things.  

But, I mostly dont buy it..if you have your 100 percent, and the effective date you think you deserve..and the applicable SMC, well, I say "let it be".  

I dont want to use up VA's limited resources (labor, rating specialist time, judges time, etc) on "posterity reasons"..I guess to brag that I got the max rating.  

Instead, when its all said and done, and I feel confident I have gotten all I think is fair, I quit applying.  Period.  Save that rating specialist time and labor for another Veteran who has not gotten his fair share yet.  

I know people who go to a resteraunt, and "fill their pockets" with toothpicks, free mints, etc.  Its what I call a "poverty" mentality.  

I take one or two mints, or or two toothpicks and thats it.  Thats fair, and the resteraunt doesnt provide a lifetime of toothpicks or mints for each meal.  

Neither does VA.  

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I qualified for, and was granted SMC-S in 2017.

I have several issues on appeal, and several more which are on remand from the Board which, if granted, will make me eligible for an earlier effective date for SMC-S.

Every little 10% rating is useful to me toward qualifying for an earlier statutory 100% +60% SMC-S rating.

I'm only in it for the money that the VA should be paying me.

 

I may appeal the VROC decision for an earlier effective date than 2018 for the Meniere's Disease. 

The C&P examiner failed to perform an adequate ear conditions exam based on failure to diagnose Meniere's Disease in 2016.

The VA has a duty to assist and there was plenty of evidence for the audiologist that performed my ear condition exam to diagnose Meniere's Disease.

Symptoms such as vertigo, long history of dizziness, fluctuating hearing loss, tinnitis were in my claims file at the time of the exam.

 

I need to find out if this argument has a legal precedent.

 

 

 

Edited by 63Charlie
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18 hours ago, broncovet said:

The reasoning is in case of a future reduction, and a few other things.  

But, I mostly dont buy it..if you have your 100 percent, and the effective date you think you deserve..and the applicable SMC, well, I say "let it be".  

I know you have held this opinion for as long as I can remember, and thats fine as far as I am concerned but, 

I just find it incredible that someone who advises veterans about claims, has a concern about veterans who file claims for issues above and beyond 100%.   Getting a 100% rating is the goal of a lot of people simply  becaue it means a better life for them. The same is true if you can acheive ratings above the 100% rating. As you know, SMC's  and new ratings can add up to more compensation, and frankly that is one reason why I contine to file claims, and why I advise others to continue to file. I do not feel guilty (sitting in this wheel chair, with an oxygen tube) when I file a claim.  And remember  its  not only about the money, but the additional benefits, ie: adapted housing grants,  automobile grants, or  Independant living programs etc,.,,,, anything that helps you live more independantly.  Frankly,  I don't think is right to question anyone's motives when it come to the claims they file. If somone is looking to file claims for "posterity reasons" , why should that bother anyone?  Helping veterans acheive a  rating  is what it should be all about regardless of how many ratings they already have.  Thats just my way of thinking.

Edited by Richard1954
as usual Spelling ( I have fat fingers, and transpose all the time
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19 hours ago, Richard1954 said:

I have two separate 10% rating for each condition, so I am wondering why they combined your issues into one rating. The rating guidlines were just changed, but I don't remember anything about them combining the two into one rating. They are after all two different conditions with totally different symptoms.  

Good question. I'll dig out my c-file and locate the original rating and codesheet. I think it might have to do with them being related to the same source, but if yours are separate them they might have screwed up mine.

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Even though I had P&T TDIU since 1998 with a 92 or 93% rating and SMC-S I still filed for and received two recent additional rating changing me over to P&T 100% Scheduler because a TDIU rating unlike other ratings is not protected by the Congressional Code Law (38 U.S. Code) and can be eliminated by the Sec of Vet Affairs.  They tried this BS in 2018 or 19 and was forced to back off by many senators and congress persons plus the major Vet organization.

According to VA math my combine ratings are well over 100% and this still protects me in case one of my ratings is reduced I will still be at or above 100% so I do advise other vets to keep filing for your future protection.

You cannot get too much protection.

My comment is not legal advice as I am not a lawyer, paralegal or VSO.

Edited by Dustoff 11
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