u/ac08374

I filed for a MH increase. I was rated at 30%. Filed claim on 7/31/26, decision letter published today. I submitted six months of VA medical records, a personal statement, and a lay statement from my wife. I was fortunate to have a good C&P examiner. I PROBABLY could have gotten 70...I was really close I think, and I'm not sure the examiner reported passive SI, so an HLR may have gotten me higher, but overall, I think 50% is fair, and I'll just let it ride. Puts me at 60% combined. All in all, this was as good as I think it could get.

I have a pending appeal for two issues: One is a secondary service connection and the other is an increase. It looks like maybe another year and a half at least before a hearing, then more time for transcription, judge review and decision. maybe another 2 1/2 years…VA regional office folks said they never recommend appealing an increase. wait six months, get new and relevant info and submit a supplemental. also said I can’t sever the appeals. they’re not related. I’ve found the CFR tha says you can withdraw any part or all of an appeal. so I’m considering withdrawing the increase appeal and just filing a new increase. I’ll lose some back pay, but there’s a shot I can get the increase in a couple months based on the records and medical evidence I’ve gotten over the past year. what do you guys think?

I recently heard a VA attorney say that you can withdraw a BVA hearing and that triggers an evidence review. She said they use this for people who may need more time, or may not be available for a while, but want to retain a longer effective date. Does anyone have any insight as to this tactic? FYI, i've been pending appeal for almost 3 years and they're still in 2022 hearings right now.