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Peaches911

Please Help! Am I Rated Correctly?

10 posts in this topic

Hello veterans!

This is my first time actually asking a question on this forum, but I've looked through this forum previously. First and foremost I would like to thank all of my sisters and brothers who served....thank you for your service.

I'm currently rated 100% P&T SMC S and I would like to see if I'm rated correctly. I do have a C&P coming up next month for asthma. When I was initially rated in 2005, I rarely had to take any medication for asthma. Over the last few years it's gotten worse to where now I'm on Dulera, turdoza inhalers and two two nasal sprays. I've been on steroids at least 4 times since December. It's gotten so bad I had to call 911 because I couldn't breath. With that being said, my current rating for asthma is 10%. Will I qualify for a higher rating for asthma? I have also listed my other disabilities

PTSD 100% P&T

Migraines 50%

Endometriosis with irritable bowel 50%

Asthma 10%

Rt knee 10%

Left knee 10%

Eczema 10%

Leaking heart valve 0%

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Looks good to me but I'm not up to date on the various SMC's.

pr

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R/T, PR.

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I'm not the expert but your numbers equate to the 100%

smart guys will have to answer what the benefit is for an increase in any disabilities.

when I asked the question on my situation to the DAV service advisor his reply was: "your at 100% P&T, nothing to gain and risk of VA reevaluating previous decisions.

as I said, the smart guys on the site may provide more info

sorry about your condition, hope for the best

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I'm not the expert but your numbers equate to the 100%

smart guys will have to answer what the benefit is for an increase in any disabilities.

when I asked the question on my situation to the DAV service advisor his reply was: "your at 100% P&T, nothing to gain and risk of VA reevaluating previous decisions.

as I said, the smart guys on the site may provide more info

sorry about your condition, hope for the best

Actually the numbers equate to more than 100%.

PTSD 100%, then you start over using VA math.

When the numbers = 60% + the original 100% SMC S should "automatically" be considered and awarded.

The question then becomes what happens to the unused conditions and percentages, and what do they amount to.

If one of the 50% percentages were increased to 60% as an example, then it can be argues that the severity for SMC S

is met, and a new calculation started for the remaining conditions. The result may or may not be enough to justify

a higher level of SMC than S. (I haven't found anything that is definitive, just general language.)

It's as if the VA wants to keep things a mystery to veterans. (So what else is new!)

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Your asthma rating could be increased above the current 10%, but I am not an SMC S expert. Please note that the VA like to differentiate between inhaled steroids and swallowed pills/injected steroids. There is a big difference.

I included the ratings table below. There are a lot of or's in there, so you don't need to qualify for all factors, just one of them.

http://www.ecfr.gov/cgi-bin/text-idx?rgn=div5;node=38:1.0.1.1.5#se38.1.4_197

§4.97 Schedule of ratings—respiratory system

6602 Asthma, bronchial:
FEV-1 less than 40-percent predicted, or; FEV-1/FVC less than 40 percent, or; more than one attack per week with episodes of respiratory failure, or; requires daily use of systemic (oral or parenteral) high dose corticosteroids or immuno-suppressive medications 100%

FEV-1 of 40- to 55-percent predicted, or; FEV-1/FVC of 40 to 55 percent, or; at least monthly visits to a physician for required care of exacerbations, or; intermittent (at least three per year) courses of systemic (oral or parenteral) corticosteroids 60%

FEV-1 of 56- to 70-percent predicted, or; FEV-1/FVC of 56 to 70 percent, or; daily inhalational or oral bronchodilator therapy, or; inhalational anti-inflammatory medication 30%

FEV-1 of 71- to 80-percent predicted, or; FEV-1/FVC of 71 to 80 percent, or; intermittent inhalational or oral bronchodilator therapy 10%

Note: In the absence of clinical findings of asthma at time of examination, a verified history of asthmatic attacks must be of record.

Edited by Vync

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