cervical strain VA VSO call, can anyone clear this up?

[papahotel58]

Just got off the phone with the VSO at the VA he found what the problem was holding up my decision and told me to expect my package within 10 days and gave me a IRIS number.

However I am very concerned with what he told me. The letter he read said,

A combined evaluation of 100% plus entitlements to benefits at the 100% rate due to individual unemployability has been assigned as a result of the following actions,

Entitlement to individual unemployability is granted effective July 11, 2015 to March 8, 2016. 

Migraines 30% increased to 50%
PTSD 50% (no change)
Sleep Apnea 50% (no change)
Services connected Radiculopathy left upper 20%
Services connected Radiculopathy left upper 20%
Degenerative joint Disease 10% increases to 20%
Cervical strain 10% (no change)
Tinnitus 10% (no change) He also told me there was no mention of 100% disability after March 8, 2016, could this be possible?

I did the VA math and was more than 95%  what am I missing?
Will I have to go through the appeal process now after all this time to prove it all over again?
Or am I over thinking this and just need to wait till I get my package from the VA, maybe the 100% rating is hid within the 8 pages...Thoughts?..so stressed...Help me brothers....sisters.

Edited July 29, 2016 by papahotel58

[brokensoldier244th]

Why are you stressed? Other than dependant educational benefits, at least for the short term, you are being paid at the 100% rate either way. Just wait until you get the letter with your decision. That's the only thing that counts. Not what your VSO said in a 5 minute phone call. He probably gave you the highlights. When I got my letter they granted unemployability from my filing date until my c and p date, then granted 100% schedular forward. 

[Buck52]

Even with a combined rating  if the veteran is awarded TDIU P&T with chronic disability

the VA rates that rating as a 100%...even though the veteran may be sent a letter from VSO  or DAV or who ever his Rep is  stating that your combined rating is 90% your being paid a the 100%rate.

95% rating is rounded to the full 100%, so  you should request the 95% request scheduler 100% Rating, if you don't request this they will keep you at the combined rating and the IU.

 Basically its the same as 100%. only with IU your not suppose to work if you want to make some extra income, with the schedular 100%rating you can work, the only way to understand this concept style of rating is....> they  give the IU to veterans that do not meet the 100% schedular rating  but is unable to work.

 because of his S.C. Disability and is rating under the 100% Extra schedular  I believe the veteran needs to be at a 60% rating to qualify for the IU.

OR if the veteran has a 100% PTSD Rating they are not suppose to be working.

Now if the Veteran is using the extra schedular for IU and has another disability that he gets S.C.& Rated at a 60 % and above  the VA will use the statutory rating sheet for SMC's and when they do that  that Automatically brings that veteran rating up to the full 100%   even though he is using the extra schedular  if he gets a SMC Award  VA Considers this a full 100%...

It don't matter how many ratings a veteran has he can have a 300% total of ratings  but VA still considers the Veteran at the 100% rating.  the exception here is the SMC's Awards. and the pay rates.  But in the VA Thinking he is still rated at the 100% rate.  you will see veterans put their ratings up as say=30%70%30% 60%10%10%10%50%90% and so on...this veterans true rating is the 100%  with the exception he may be or should be getting the statutory ratings for SMCs

you can look on the ebenny's web site and go to disabilities ratings  and if you have 300% ratings and SMC...it will show you how they rated you with each conditions and a blue circle will show in the ratings window your rating is 100%

Anyway from what I seen on my ebenny's account.

this is only my opinion and not legal advice.

........................Buck

Edited July 29, 2016 by Buck52

[papahotel58]

Thanks brokensoldier244th and Buck52 That's great info and good advice.

 

[brokensoldier244th]

I should add that when my VSO called me (and sent a letter) about it they only told me about the IU also. Not sure why, exactly, but when they only have 2-3 VSOs in Lincoln servicing 3 states, I can imagine that the highlights was about the best they could do. The actual decision letter was much more fleshed out and explained exactly what they did. I left work on FMLA in March of that year, and had my C&P in late June. They applied IU from March to my C&P date, then took it away and made me scheduler instead from June forward.