Complex claims history


I have had an appeal going since 2009, from my original request for an increased rating in 2007. It is 2007 I put in for an increase for a dental condition that I was awarded 0% on appeal in 1996 (initial denial was in 1984). In 2008 the VA claimed I wasn't SC and referenced the 1984 denial, so I appealed. In the BVA hearing (Feb. 2016), it turns out that the VA illegally pulled my SC at 0% without due process (the ratings had changed and my disability was no longer listed) so the BVA remanded my case back to RO. In Jan 2018 the RO denied my claim for increased raiding with a SSOC. I replied back with some evidence so it went back to the BVA. This week I was online and when checking the status of my appeal, it states that the BVA had granted my request for increased rating in March 2019, but with a different ratings code. There was nothing regarding the actual percentage. Since I was at 0%, can I assume that the "increase rating" will be 10% or higher? Also, in this case, does the BVA set the rating, or is it sent back to the RO to set the rating? I know it has to go back to the RO in either case, and that it can also take several months to get a formal decision letter.

Jim's Reply:

Either entity can establish a rating. You can assume nothing...the process is way too complex for assumptions. You'll have to wait for proper notice.