Question For "interested"

[Philip Rogers]

Yup!!!

pr

The whole question as I understand it, is in regards to "independently ratable at 60 percent versus - combined ?

[Interested]

Did anyone bother to read 38 CFR 4.25(b ) http://www.benefits....PART4/S4_25.DOC as I suggested? For those who didn't use the link, I'll make it real easy for y'all:

(b) Except as otherwiseprovided in this schedule, the disabilities arising from a single diseaseentity, e.g., arthritis, multiple sclerosis, cerebrovascular accident, etc.,are to be rated separately as are all other disabling conditions, if any. All disabilitiesare then to be combined as described in paragraph (a) of this section. Theconversion to the nearest degree divisible by 10 will be done only once perrating decision, will follow the combining of all disabilities, and will be thelast procedure in determining the combined degree of disability. (emphasis added).

The only exception that I am aware of is the bilateral factor from 38 CFR 4.26.

It seems pretty clear cut to me. I don't see it as a benefit of the doubt issue at all.

[carlie]

Did anyone bother to read 38 CFR 4.25(b ) http://www.benefits....PART4/S4_25.DOC as I suggested? For those who didn't use the link, I'll make it real easy for y'all:

(b) Except as otherwiseprovided in this schedule, the disabilities arising from a single diseaseentity, e.g., arthritis, multiple sclerosis, cerebrovascular accident, etc.,are to be rated separately as are all other disabling conditions, if any. All disabilitiesare then to be combined as described in paragraph (a) of this section. Theconversion to the nearest degree divisible by 10 will be done only once perrating decision, will follow the combining of all disabilities, and will be thelast procedure in determining the combined degree of disability. (emphasis added).

The only exception that I am aware of is the bilateral factor from 38 CFR 4.26.

It seems pretty clear cut to me. I don't see it as a benefit of the doubt issue at all.

I'm jumping in on pr's topic because it may apply to many - of which I might soon be one.

People were already aware of 38 CFR 4.25b of the CRT.

I question - how is the VBA able to even use the CRT for SMC/s on the additional 60 percent portion

as 3.350 (i) (1) appears to also be any exception, being that it actually spells out independently ratable and does

not state or address "combined" ?

38 CFR - 4.25

(b) Except as otherwise provided in this schedule,

the disabilities arising from a single disease entity, e.g., arthritis, multiple sclerosis, cerebrovascular accident, etc., are to be rated separately as are all other disabiling conditions, if any. All disabilities are then to be combined as described in paragraph (a) of this section. The conversion to the nearest degree divisible by 10 will be done only once per rating decision, will follow the combining of all disabilities, and will be the last procedure in determining the combined degree of disability.

38 CFR - § 3.350 Special monthly compensation ratings.

(i) Total plus 60 percent, or housebound; 38 U.S.C. 1114 ( s ). The special monthly compensation provided by 38 U.S.C. 1114(s) is payable where the veteran has a single service-connected disability rated as 100 percent and,

(1) Has additional service-connected disability or disabilities independently ratable at 60 percent, separate and distinct from the 100 percent service-connected disability and involving different anatomical segments or bodily systems, or

(2) Is permanently housebound by reason of service-connected disability or disabilities. This requirement is met when the veteran is substantially confined as a direct result of service-connected disabilities to his or her dwelling and the immediate premises or, if institutionalized, to the ward or clinical areas, and it is reasonably certain that the disability or disabilities and resultant confinement will continue throughout his or her lifetime.

[Interested]

Whatever.

I'm jumping in on pr's topic because it may apply to many - of which I might soon be one.

People were already aware of 38 CFR 4.25b of the CRT.

I question - how is the VBA able to even use the CRT for SMC/s on the additional 60 percent portion

as 3.350 (i) (1) appears to also be any exception, being that it actually spells out independently ratable and does

not state or address "combined" ?

38 CFR - 4.25

(b) Except as otherwise provided in this schedule,

the disabilities arising from a single disease entity, e.g., arthritis, multiple sclerosis, cerebrovascular accident, etc., are to be rated separately as are all other disabiling conditions, if any. All disabilities are then to be combined as described in paragraph (a) of this section. The conversion to the nearest degree divisible by 10 will be done only once per rating decision, will follow the combining of all disabilities, and will be the last procedure in determining the combined degree of disability.

38 CFR - § 3.350 Special monthly compensation ratings.

(i) Total plus 60 percent, or housebound; 38 U.S.C. 1114 ( s ). The special monthly compensation provided by 38 U.S.C. 1114(s) is payable where the veteran has a single service-connected disability rated as 100 percent and,

(1) Has additional service-connected disability or disabilities independently ratable at 60 percent, separate and distinct from the 100 percent service-connected disability and involving different anatomical segments or bodily systems, or

(2) Is permanently housebound by reason of service-connected disability or disabilities. This requirement is met when the veteran is substantially confined as a direct result of service-connected disabilities to his or her dwelling and the immediate premises or, if institutionalized, to the ward or clinical areas, and it is reasonably certain that the disability or disabilities and resultant confinement will continue throughout his or her lifetime.

[john999]

This will be settled in federal court maybe.

[jbasser]

The word independently could have more than one interpetation. Do you think the VA would do this to us???

For example this could actually backfire and cost many vets money. For example, you are receiving SMC S with a single 100 or total rating but have several smaller ratings to add up to 60. Since there is no combined table for this and the word independant shows up, they could argue that you have no independant or single 60 percent rating. thus the veteran does not qualify.

J