VETERANS AFFAIRS QUESTION?
Over a year ago I appealed the decision that the VA denied to raise my 10% disability for Psoriasis. I filed a letter of disagreement and they came back to the Original denial to not increase me from the 10% that i am currently getting. So I choose to go in front of the appeal board. The VA said that my disability rating would stay the same because I was not 20% covered (only 10%). Today I go to the C&P exam and the Doctor told me that he is putting in his reports that I am 20 -40% covered. The VA requires anyone ot be at least 20% covered with Psoriasis to be granted the next increase. Will I still have to go to the appeal hearing or will they grant me the increased based on the new findings Here is where I am a currently....
10% Arthritis from Psoriasis
10% Disc problems from Psoriasis
Active duty for 5 years
Army Reserve for 5 years
Medical discharge in 1997 for VCD and Psoriasis
Thanks for any feedback...
- MarineLv 79 years agoFavorite Answer
EDIT: It is not a "faster" resolution by filing a new claim. If you file a new claim, that means you accept the VA's rating decision. Filing an appeal is the only way to get another review of their decision. The advice given the other gent RE the Purple Heart Society is an indication of the NSO's lack of experience. If you use your STATE Veterans Service Officer (every State has a Veterans Service Dept to help vets submit original claims and if necessary "fight" the VA), use him/her since they attend training provided by the VA to include refresher training. The words and condition codes they use in claims and appeals are in line with the VA's rating manual. Using a Veterans Service organization such Purple Heart, DAV, VFW, Am Legion can cause problems UNLESS the VSO has received training from the VA and has several years experience (from other postings, this appears to be a rarity and corresponds to what I learned on my own case). Another source is your Congressman/Senator, BUT be sure to sign a release that authorizes them to represent you (you can still keep your State VSO). If you don't, the Congressman/Senator's office won't do anything and you won't know they didn't do anything. Best to visit their office (Congressman's office should be reasonably close to you).
I have been done this alley. By using both the State VSO and Congressman's office, my rating has been upgraded from 30% to 70%. My current appeal is to get the upgrading award back dated to the date of my original disability claim. For some reason, they only went back 2 years instead of 5. The VSO agrees that the date should have been date of claim, but the Los Angeles VA Regional office is absolutely terrible. None of the VA offices will answer a vets letters.
Another option is to visit your Regional Office. There is a VA rep on duty who will help you find out what is going on. I did this once, and they guy went into the backroom and found that I had an upgrade letter that was never sent out (4 months it had been sitting there). I will be visiting them again later in May when I am in LA to find out about the backdating issue.
Keep you appeal open. DO NOT shut it down.
1. The QTC physical exam results provides the primary basis for any disability rating done by the VA. The doctor doing the exam has absolutely no clue as to what rating you might get, so the 20-40% covered is ony a guess on his part. The percentage awards are based on the QTC med exam report and the VA's rating book. If the doctor uses language that does not match the language in the rating book, regardless of severity, it is possible that the rater will not increase the award. If the language in the medical exam matches the language in the rating book, then you can expect an increase - again, how much depends on the rater.
2. Considering that you were medically discharged due to the condition, you should expect at least a 20% VA award for Psoriasis. The 4 10% ratings should have resulted in an overall rating of about 30% (don't have my VA rating guide where I am writing this answer).
3. I have never heard that you cannot appeal a decision due to a rating decision of 10% for any specific award. Send a formal letter to the VA Regional office and pull down the BVA appeals form and send it to the Regional Office (if you have not done so). Before you send it, contact a State Veterans Service Officer (VSO) and talk to them about the situation and about doing a formal appeal. It is likely that a Decision Review Officer (DRO) sent you the letter that did not increase your rating. This is not the last step, the BVA appeal is. By the way, the back log for BVA appeal is in terms of years, not months. Mine is at the 4 year mark now and I expect another year or two. I am working with a State VSO. The Regional Office may trying to reduce their appeals backlog improperly.
Don't give up and use the VSO to pursue your appeal.
Lieutenant Colonel, US Marine Corps-Retired (Progress after 5 years, but not done yet).
- Pete TLv 79 years ago
The NSO ( national service officer ) at the Military Order of the Purple Heart office in Little Rock, Ar. in a recent conversation said it was quicker to file a new claim than it was to go through the appeal process. Go to www1.va.gov/vso/index.cfm for a list of service organizations chartered by Congress to represent your claim free of charge.Source(s): 100% disabled Vietnam vet
- 7 years ago
I was awarded DIC but they paid me back from 2011 but I applied since his death in 1995 but the lady at the VA office in my state check the wrong block that states it wasnst service connect and they denial me .he was rated 100% disable with service connect can I appeal it
- 5 years ago
can vetean who is collecting disability payments still work