Let'say that you are already at 10% SC and you apply for an increase, they increase you to 30% sc but you think that it should be more, can you fight it or do you have to accept whatever increase they give you?

That's a two-part question:
#1 Yes
#2 No

File a Notice of Disagreement (NOD) immediately, explaining why you feel that their decision is incorrect.
The only time I would not file an NOD is if the disability is only rateable up TO 30%.
Check the rate tables for your disability.

When you file a claim you can ask for the percentage that you feel you meet the criteria for. When you do that, they have to give a rational for the denial at that rate.

Example:
I would like to file a claim for PTSD at 70%, low back condition at 40% and sinus condition at 20%.

It has to be looked at at that rate from the start and they have to defend giving a lower rating.

I agree with Sharon I read hear or on VA watchdog where a rater who belonged to the sight said the same, simple asked for what you feel you meet the requirements, provide the supporting evidence and the regs and it leaves them little if no wiggle room but its still the VA so I guess anything is possible.

OK, good. So if they increase you from 10% to 30% and you don't agree and file "NOD", from that moment will you be considered at 10% or 30%. I don't know if I make myself clear.

Yes, you would still would be getting your 30, your just appealing for more. Don't worry about that and thank God the VA doesn't do that. We would all be in more dire situation than we are now.

Jay


quote name='Gulfvet' date='Jun 15 2009, 04:37 AM' post='149389']
OK, good. So if they increase you from 10% to 30% and you don't agree and file "NOD", from that moment will you be considered at 10% or 30%. I don't know if I make myself clear.
[/quote]

file the NOD within the one year appeal period, if you do get rated at 30%, it will be considered that you were 30% on the original date of the claim which would mean that you get back paid to that date for the different s.