NOD please help

[gousto0731]

What we decided

 

We determined the following:

 

Service connection for post left shoulder rotator cuff repair (previously denied as left shoulder degenerative
Joint disease  and left biceps tenodesis ) is granted with an evaluation of 10 percent effective july 2012. An evaluation of 20 percent is assigned effective may 2015 . This is considered a full grant of benefits sought on appeal.

 

Service connection for surgical scar, left  Shoulder, residual of left rotator cuff repair is granted with an evaluation of 0 percent effective july 2012. This is considered a full grant of benefits sought on appeal.

 

Evaluation of right AC separation with arthritis and impingement syndrome(previously under DC 5203), which is currently 20 percent disabling, is continued.

 

Evaluation rt Ac separation with and impingement syndrome, which is currently evaluated 20 percent disabling, is continued from may 2015

 

A separate 10 percent evaluation is assigned for right clavicle deformity effective may 2015.
 The separate 20 and 10 percent evaluation assigned for your right shoulder disability rating is combined to a 30 percent disability for your right shoulder and constitute a full grant of benefits sought on appeal.

 

Your overall or combined  rating is 50 percent We do not add the individual percentages of each condition to determine your combined rating.

 

As of  2012 I was 30 percent for my right shoulder and july of 2015 they decided to take 10 percent from my right shoulder. Which is in appeal.
My belief is that my right shoulder should be 40 percent and the left shoulder 20 percent
They clearly took 10 percent from my rt shoulder  to prevent the right shoulder  from  having a 40 percent evaluation On it’s own .
And prevent and application for a claim of 100 percent. Based on one disability being at least 40 percent disabling.

 

I feel that because I won my appeal  from 2012  and my right shoulder was at that time 30 percent disabling
That should be able to apply for 100 percent disability.

 

 

Edited February 7, 2016 by gousto0731
grammer

[broncovet]

Well, yes.  After denials, and delays, the next favorite thing of VA's is lowballing.   Of course, they dont admit to that.  

YOu did not post the "reasons and bases" for decision for us to suggest a way to appeal.  Generally, the VA must give a reasons and bases for rating, and this would include a reason why you did not qualify for the next higher rating.  

YOu need to order a copy of your cfile, and see what symptoms the VA actually had to rate you.  Compare those to the rating schedule to see if you qualify for a higher rating. (likely).  

Mostly, to get 100%, you need to be unemployed/unemployable.  Of course there are exceptions to this.  Max Cleland was one, as I think he was missing one or both legs, rated at 100% but was able to work in a high level position.  We also had an undersecretary Tammy (I forgot her last name) who was 100% and was also a high level VA person.