hearing or not

Posted on September 29, 2011 by asknod

stilwellrick
Registered: 02/17/09
Posts: 8
04/27/10 #1
Hello, name here is Rick. Just got my Hep-C service connected,and rated at 10%. based on the letter from the comp/pension DR. I do believe I meet the criteria for at least 20% and was thinking of asking for a hearing with a DRO. just to express why I think this. If I have read things right, it will not effect a future appeal. (within the time frame)What would you suggest.  Thank You.  Rick
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AZeeJensMom
Moderator
Registered: 01/05/09
Posts: 94
04/28/10 #2
Hi Rick….Good deal on the sc for Hep.To get a higher rating, you are going to need solid medical evidence to back yourself up.    You have 1 year to appeal the decision.   Medical records and a doctors statement are going to be your best defense to get a higher rating.

If you haven’t yet done so, take a look to the left under Federal Code, Part 4, Chapter 4.114, scroll down to dc 7354….you’ve probably already seen this….it’s a guideline and if your medical records substantiate a higher rating, then request the DRO review.   Having a copy of your doctors statement and copy of any updated medical records on hand to prove your point would be a good thing.   As for future appeal rights, a DRO wouldn’t affect your appeal rights just so long as you don’t miss deadlines to file.

There is more information than I’ve presented here, and I’m certain someone with more expertise will be stopping by shortly.
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RobD1956
Avatar / PictureModerator
Registered: 11/22/08
Posts: 31
04/28/10 #3
If you have a nexus from your Dr saying that the condition is worsening by all means. In order to get a higher percentage you have to show by biopsy or CT imaging that your condition is worse. And merits a higher percentage. Like a dx for Varcies acid reflux disease or increased liver damage. I am held at 10% for HCV myself.  As of the 1st of Apr received a 0% for cirrhosis so becareful. The AMC is dening quite a number of claims as of late. I have all the mentioned issues and waiting a revised decision as of this time based on the new evidence. I’ll let you know how it goes. Then you can make an informed decision.
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stilwellrick
Registered: 02/17/09
Posts: 8
04/28/10 #4
I appreciate your time. Thanks for the info.         Rick
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AZeeJensMom
Moderator
Registered: 01/05/09
Posts: 94
04/28/10 #5
You are very welcome.Good Luck to you.
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About asknod

VA claims blogger
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