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I retired in December 1991, when the initial C&P evaluation was completed, I was awarded a 40% overall rating.  There were several conditions that were recognized as service connected but assigned/given a zero (0%) rating. One condition was later classified as one of the chronic diseases associated with Agent Orange. Thru numerous office visits and submissions of claims and Review request, nothing was approved. I still believe that there should be an adjustment based on the Nehmer class member entitlements. Any guidance to continue my belief would help.

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A1:  First what is the chronic disease that you have under AO. One of the things you can do is file a claim for the zero disability rating and some of them could be upgraded. Also you need to file for CRSC since you are retired if you haven't done that.  (GR)  6/26/19

A2:  I believe that medical files are review using only the process that searches for ways to reduce benefit. It would be quite shocking if raters would increase a rating based on their own review. YOU HAVE TO FILE A CLAIM. File your claim. Even if it gets rejected, there is value in doing so. If you refile the rejected claim and it get approved in the future, the rating could be back-dated to the original filing. The caveat is that you cannot go more than 365 days or the claim will be considered as a new claim and bak-dating will not be awarded. Also, you must provide a nrative that explains the persistence and worsening of the condition backed up by a reason exam. REMEMBER, just going to the doctor is not enough. you have to FILE A CLAIM. Good Luck!  (GC)  6/26/19

A3:   I got a rating of 50 for PTSD the first time. I had other claims at the same time and was denied them. To get a rating for the ringing in my ears I ended going to a private doctor to test the ringing. He wrote a letter and I filed s claim with it. It took about 4 months to hear back on it and was given a 10% rating on the ringing with 4 years back pay. A few years later I got a lawyer who a lawyer in the Army. I have him copies of my claims. He filed and it took about 2 years to hear back and was given unemployability at 100% with 4 years back pay. The main thing is to never give up. The VA hopes you give up and go away. I had to file for Social Security Disability in 2009 and was approved in about 6 weeks using just my VA records. I just turned 70 June 10th. Good luck and do not give up or lose hope. Find a doctor certified in the field you need and take your medical records to him or her!  (RI)  6/27/19


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