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    • I figured $1196.13    I used 50% with spouse and a child (which the child is $40 under 18), then added 130 for an additional child in college and another $90 for the difference for the second child in college.  They don't really have on their charts.......spouse with college aged child so you have to look at the difference between child under 18 and college aged child to get your total.  I hope that helps.
    • A remand is your most likely outcome of a Board decision: According to the 2015 BVA Chairmans report (the most recent), 47.07 percent of compensation cases are remanded, 17% are denied and 31.8% are allowd (awarded).  http://www.bva.va.gov/docs/Chairmans_Annual_Rpts/BVA2015AR.pdf  page 26 "compensation" cases.    In 2014,  only 46% of cases were remanded, so its actually gotten worse for remands according to the BVA chairman. Compensation 15,627 29.7% (awarded) 24,261 46.1% (remand)  10,786 20.5%  (denied)  Thus, the number of remands got worse, at least from 2014 to 2015.  
    • I say hire an attorney, if you feel so led.  NOVA (National Association of Veterans Attorney's) is a good place to start.  Attorney NOVA directory is here: https://vetadvocates.org/welcome/find-an-attorney/  You want an experienced attorney who represents Veteran claimants against VA.   If you take your claims file to a NOVA Attorney, ask their opinion, that is, will they represent you.  Many NOVA attornies will review your file to see if your claim has merit, and then you can decide if you want them to represent you.   As far as cost, there are limits on what an attorney can charge Veterans.  First and foremost, The EAJA pays to attorney fees for many if not most Veteran claimants.    If your attorney charges MORE than EAJA fees, these fees have to be approved by the courts before VA will send the attorney money due to you.   Personally, Im represented by an attorney and my cost is "0", because the attorney agreed to do it just for EAJA fees, at no cost to me.   They may or may not do the same for you.   However, ONCE YOU HAVE A BVA denial, it is usually fairly easy to get an attorney to represent you for "only" EAJA fees.  Reason:  CAVC appeals go much faster than BVA, and, in many cases, the CAVC will be decided within a year or less.    Mine was filed in the spring of this year, and probably will be done before Christmas.   Personally, I have had good luck so far with Julie Glover, who does Veterans law and nothing else: http://gloverluck.com/    
    • IF the VA "reduces" (cuts) your SMC S, then fight it as a reduction.  Remember, VA has to jump through all the hoops to reduce you, and going from 100% plus SMC S, to 100% is a reduction in rating.   File a nod to said reduction, if it happens, and argue that VA did not comply with this, below:  3.344 Stabilization of disability evaluations. (a) Examination reports indicating improvement. Rating agencies will handle cases affected by change of medical findings or diagnosis, so as to produce the greatest degree of stability of disability evaluations consistent with the laws and Department of Veterans Affairs regulations governing disability compensation and pension. It is essential that the entire record of examinations and the medical-industrial history be reviewed to ascertain whether the recent examination is full and complete, including all special examinations indicated as a result of general examination and the entire case history. This applies to treatment of intercurrent diseases and exacerbations, including hospital reports, bedside examinations, examinations by designated physicians, and examinations in the absence of, or without taking full advantage of, laboratory facilities and the cooperation of specialists in related lines. Examinations less full and complete than those on which payments were authorized or continued will not be used as a basis of reduction. Ratings on account of diseases subject to temporary or episodic improvement, e.g., manic depressive or other psychotic reaction, epilepsy, psychoneurotic reaction, arteriosclerotic heart disease, bronchial asthma, gastric or duodenal ulcer, many skin diseases, etc., will not be reduced on any one examination, except in those instances where all the evidence of record clearly warrants the conclusion that sustained improvement has been demonstrated. Ratings on account of diseases which become comparatively symptom free (findings absent) after prolonged rest, e.g. residuals of phlebitis, arteriosclerotic heart disease, etc., will not be reduced on examinations reflecting the results of bed rest. Moreover, though material improvement in the physical or mental condition is clearly reflected the rating agency will consider whether the evidence makes it reasonably certain that the improvement will be maintained under the ordinary conditions of life. When syphilis of the central nervous system or alcoholic deterioration is diagnosed following a long prior history of psychosis, psychoneurosis, epilepsy, or the like, it is rarely possible to exclude persistence, in masked form, of the preceding innocently acquired manifestations. Rating boards encountering a change of diagnosis will exercise caution in the determination as to whether a change in diagnosis represents no more than a progression of an earlier diagnosis, an error in prior diagnosis or possibly a disease entity independent of the service-connected disability. When the new diagnosis reflects mental deficiency or personality disorder only, the possibility of only temporary remission of a super-imposed psychiatric disease will be borne in mind. (b) Doubtful cases. If doubt remains, after according due consideration to all the evidence developed by the several items discussed in paragraph (a) of this section, the rating agency will continue the rating in effect, citing the former diagnosis with the new diagnosis in parentheses, and following the appropriate code there will be added the reference “Rating continued pending reexamination ___ months from this date, § 3.344.” The rating agency will determine on the basis of the facts in each individual case whether 18, 24 or 30 months will be allowed to elapse before the reexamination will be made. (c) Disabilities which are likely to improve. The provisions of paragraphs (a) and (b) of this section apply to ratings which have continued for long periods at the same level (5 years or more). They do not apply to disabilities which have not become stabilized and are likely to improve. Reexaminations disclosing improvement, physical or mental, in these disabilities will warrant reduction in rating.   If VA argues they made CUE in awarding said SMC S, well then make them show it was UNDEBATABLE, that you did not qualify for SMC S.  For example, did they do a C and p exam where the examiner said you were definately "not" substantially confined?  They would have to have medical evidence that you DID NOT meet SMC S eligibility, and the burden would be on them to prove you did not meet it.   Also, if the VA made 2 or 3 decisions, and continued your SMC S, then VA is admitting they THOUGHT you were entitled to SMC S, therefore, its not undebatable..even VA is not clear on it!!   Cue is tough for us, make it tough for them, too.  Use their words and ratings against them.  
    • Roger that Navy4life  You did a well prepared Job on your part! other veteran should learn from this.





rgero311975

Radiculopathy Lower Extremity Percentage Question!

11 posts in this topic

I have been stuck at 10 % for years and I dont understand why? I have read the chapter 38 regulation on the percenatage for my disability,but its still rated analogous and this is so wide open.. They keep saying my radiculopthy is rated as mild ...? I dont understand how they rated this at all how can you get above 10% without having leg drop or something? I am in a wheelchair and i cant really walk on it becasue it givies out on me and i have numbness in it and pain!!

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Im rated 10% and from what I can gather you are exactly right-short of EMG findings showing permanent damage, mild encompasses everything unless you have muscle withering, foot drop, partial paralysis, etc. Im rated 50% over all-10% tinnitus, 10% Rt Leg radiculopathy, and 40% DDD. If you are in a wheelchair and can't walk on it you are an a lot worse shape than me, so you should have them do more than the touch test, tuning fork,etc, and have them do a nerve conduction velocity study and/or EMG. Its not pleasant, but I had one the other day and it's tolerable. At least I found out that despite the tingles and pain in my left (non-svc connected) leg, I don't have permanent nerve damage.

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I had a n nerve condution test and the results wre very bad that my mine was in my faor.. The statue on scaiticia if totally senory is mild at most which i am rated at that 10%!!!! I dont have reflex in my knee and its numb and i can only bare some wieght on it with out it giving out on me.. The c and p peolple keep saying 10%? It one of those tings that unless you have foot drop or muslce loss that they can see it hsard to get and increase unless you get a good c and p rater? right?

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that is how it seems, yes.

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Im rated 10% and from what I can gather you are exactly right-short of EMG findings showing permanent damage, mild encompasses everything unless you have muscle withering, foot drop, partial paralysis, etc. Im rated 50% over all-10% tinnitus, 10% Rt Leg radiculopathy, and 40% DDD. If you are in a wheelchair and can't walk on it you are an a lot worse shape than me, so you should have them do more than the touch test, tuning fork,etc, and have them do a nerve conduction velocity study and/or EMG. Its not pleasant, but I had one the other day and it's tolerable. At least I found out that despite the tingles and pain in my left (non-svc connected) leg, I don't have permanent nerve damage.

I was diagnosed with Dystrophy,, (myotonic dystrophy, which is like muscular dystrophy,,,) and they only used a tuning fork and tapped my knees and had me walk around... I have tremors and unctollable movements and jerking (I also get shots in my spine every couple of months, and also had back surgery many years ago for a disc removed.) I also was confined to a wheel chair for 1 year, and am very sick.. so not sure what tests they do... I originally claimed MS, but they declined that,,, I am awaitng a rating..

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I have looked up old cases and looked at the chapter 38 regulation and i still dont understand how to get to 20% ...> ? I read if it is totally senseroy then it only 10% at the most which i am rated at right now.. I have read bva cases that stated the veteran had senory problems and raidating pain in thier leg, but they still only got 10%? going from 10 to 20% seems very confusing ...

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