The VA fumbled, they should pay up

Jim,

I have an appeal for a heart condition that was filed in 2011 to raise my rating from 60 to 100.  While waiting on VA I was granted 100% P and T Schedular on a totally separate claim I filed in 2013.  VA obviously dated the 100% rating from the 2013 date.  After about a month or so VA suddenly sent me a SOC on my appeal for the older issue that was pending since 2012 which is when I filed the appeal and NOD.

My question to you is should I continue my appeal on the older claim?

Basically all it would do is move the 100% rating back to the 2011 date which would be about 2 years of retro pay if granted.  Or should I just drop the older claim not wanting to rock the boat?  I'm concerned also that even though VA has granted P & T and no future exams scheduled that they will suddenly try reducing my ratings anyway because I'm appealing the older issue.  My VSO says to still keep the appeal because there's always a 50/50 chance the judge will side with me and it's also the principle that it's the correct rating for that claim.  What advice do you have Jim?

 

Reply:

 

I agree with your VSO. Frankly, I can't imagine that even VA would try to lower an existing rating under these circumstances. It sounds as if they fumbled the ball and the record should be corrected. I think we agree that the money isn't the important thing...it won't be a fortune. But you earned it and VA should graciously settle up.