Need Help Desperately

[wallyg]

IF you really have an award for BILATERAL tinnitus, then your old award should have been 30%. Bilateral factors are ALWAYS considered first, and bilateral 10s evaluate as 20.9%.

10 COMBINED with 10 = 19 + 10% of that = 20.9%

COMBINED with 20 = 20.9 + 15.8 = 36.7

COMBINED with 20 = 36.7 + 13.5 = 50.2

COMBINED with 10 = 50.2 + 5.0 = 55.2 which would round to 60%

However, using the table at 38 CFR 4.26, it would equate to 55.0, so you should still get 60%.

If, however the tinnitus is NOT a bilateral award, despite what the award letter says, then it would be calculated as: 20 COM 20 = 36 COM 10 = 42 COM 10 = 48 which will round to 50%; either way, you need to fight it.

Good Luck

[Guest frank]

KRBKwbo

If I were you- I think you should carefully go over the ratings in the VA's Schedule of Ratings-

posted at hadit -

If your medical evidence shows you should be rated higher make sure they know this-

It often pays to not only file the Notice if Disagreement but tell them why you believe the ratings are wrong and then refer them directly to the actual part of their disability rating schedule-with a copy attached or an insert into the NOD- and then to the actual med recs that show it should be higher.

The Nod in my mind should be an avenue of attack- not just a ball park statement or something generic from a vet rep.And certainly end the NOD by telling them you fully intend to continue this appeal until the proper benefits are granted.

I suggest something else first- The DCs -diagnostic codes- I think bursitis is actually rated under an arthritis code-

Check those DC codes first-they should be attached to the decision- they could be wrong-and a wrong DC could give a vet possibly the wrong rating.

Another thing that bothers me- you file a claim- (if it is here at the Buffalo VARO it takes about a year to get a denial, then you file a NOD and that too takes at least a year to be considered)

in those years the disability you filed for has probably gotten worse- that is why it pays- whenever you have additional evidence to support your claim- during the claim process- to make sure they get it-

some vets still think that-if they file a claim the VA gets all the current evidence as it occurs, and has the whole picture in front of them when they finally work on it.

Often treatment records or medication changes -due to an increase in pain etc- never get to that c file-

even if they do- it is always best to send in anything at all that will help the claim.

And certainly any Vet Center records that would help-I dont think these are ever in the c file unless the vet requests them and sends them to VA themselves.

I THINK YOU SHOULD GO TO VA HOME, AND READ SPECIAL OUTREACH,ANYONE CAN MAKE A NEW CLAIM IF YIU FILE A NEW CLAIM AND STATE YIU CONDITION HAS GOTTEN WORST,I FELL THAT WOULD WORK BETTER FOR YOU. THIS SPECIAL IS FOR EVERYONE, NOT JUST THE 7 STATES THEY EVEN HAVE THE RADING THERE SO YOU CAN CHECK. FRANK

[Guest frank]

I get 48.16 which should be rounded up to 50%. Do you have a good VSO? You could also go to the VA site and make an Email inquiry. They will usually answer within three business daysPROBLEM

MOE, I DID SEND A REPLY, TO MAKE SURE I AM REPLYING AGAIN, THERE IS A NEW ACT OF CONGRESS CALLED SPECIAL OUTREACH, THIS DOES APPLY TO YOU EVERYTHING YOU STATED WILL BE ANSWERER ON SPECIAL OUTREACH I HAVE POSTED THIS AS A TOPIC CAN,T FIND WHERE IT IS HOPE VETERANDS WILL READ IT YOU DO NOT NEED TO WORRY ABOUT YOUR RATING UNDER SPECIAL OUTREACH YOU ARE, IN 2006,PLEASE READ SPECIAL OUTREACH FRANK