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U.S. VETERANS!!! Suggestions for appealing a VA disability rating?
I got my decsion in May and June (second because of deferments). I got a couple "0" ratings for issues that I feel were far worse than some of the one they gave real ratings too, so I want to try and get them bumped up. I have some ratings i belive should be higher. I'm still within my appeal time (1 year from decision), so I want to make sure I get it done right, and with the best possible representattion. Any suggestons? I'M NOT looking for unemployability, I only want to make sure what's I need taken care of is taken care of.
Should I go with a VA specific lawyer, specific VSO, or go back to my VA, whom has the VSOs that origionally processed it.
4 Answers
- Living the DreamLv 74 years ago
First off, having even a cumulative 100% disability rating wouldn't mean you can't work. It means you can't work in an area where your disabilities would be affected. I have hip issues. I can't take a job where running or lifting heavy objects is part of the job, as it may impact my hip more. That's what that means.
Second, Google the schedule 38 for VA ratings. It might take a minute to find. It seems I can never find it right away. That shows the guidelines for each and every rating. When you got your ratings back, they explained what criteria would need to be met in order to get a higher rating. All criteria is based off *objective* findings, things that a physician can measure. Subjective findings, like pain level, are not taken into account.
Also, a 0 rating is still being "taken care of" and you can still receive VA treatment for those issues atno cost. They would say there is no rating if they weren't accepting a condition.
- ?Lv 74 years ago
Well first off the way the claim system works is you will have to either go back to the original VSOs and VA and have that changed to someone else if you want someone else to represent you and assist you with appealing your claim. Then once that change is made to the new one things can start working but they will do nothing if you first go to someone else without making that change first. They will take no action from a new VSO without that change first being done. Given what you have said here I think that might be in order and maybe your best course of action especially if you have a really good VSO who knows their stuff and has a good record of winning claims and appeals for those that he or she assists. So do some checking with your VFW, your state veterans affairs office, American Legion, and AMVETS in your state to see if they have any VSOs like what I describe and run your case by them and see if it has any merits. If so then you have to then change over to them as representing you and your claim. They might be able to get this turned around or maybe not but you have your answer already from those that you went through and are not satisfied with that.
- ?Lv 74 years ago
Before hiring a lawyer, I suggest you try talking to someone at the DAV. They can help with your application and their services are FREE.
- ?Lv 64 years ago
Scottie, the Veterans Benefit Network guys will walk you through the procedure so google them....................