tdiu Am i being low ball with gaf score and bilateral conditions

[gousto0731]

 you may entitled to  a 100 percent rate if you are unable to secure and follow a substantially gainful occupation because of your service connected disabilities.

If you believe you qualify, complete, sign, and  return Veterans Application  the enclosed VA form 21-8940 , Veterans Application for increased compensation Based

on Unemployability .    I just had a c & p exam about two weeks ago for MDD VA DR. gave 30 percent not sure of the gaf score my private DR. gave a Gaf score of 45.

Here's the break down

30% MDD caused by chronic pain

20%rt shoulder

20% left shoulder secondary to rt. shoulder

10% rt clavicle

10% left bicep secondary to rt. shoulder

10% foot

0%scar

Total 70%

I'm currently on SSDI because of my service connected disabilities

1. should I appeal for a rating higher than 30% base on the my 2 private DR. gaf scores of 45

2.my bilaterial factors rt. shoulder combined with my left shoulder and left bicep will this give me the  40% need for a 100 percent rate.

3. will they consider the  30% MDD + 20%rt +20%Lt+10%Lt+0%scar all of this as one injury.

 

 

[Vync]

1. The VA uses professional and social limitations found during the C&P exam (or from the DBQ) as the rating criteria, not GAF scores. Here is the rating criteria: http://www.ecfr.gov/cgi-bin/text-idx?rgn=div5;node=38:1.0.1.1.5#se38.1.4_1130

That table will read like stereo instructions. There are a bunch of and's, or's and semicolons. The service-related conditions in each section dictate the percentage. For example, if you are on SSDI and unemployable due to a car accident after you left the military then they would not count that. However, the symptoms related to your MDD/chronic pain would be factored into your 30% rating.

 

2. I'm not a bilateral expert, but here is a link to the bilateral factor rules: http://www.ecfr.gov/cgi-bin/text-idx?rgn=div5;node=38:1.0.1.1.5#se38.1.4_126

It sounds like you may be on to something. Hopefully someone with more knowledge of bilateral factor in how it applies to shoulders will help.I assume your question is regarding this for considering the possibility of an IU rating: http://www.ecfr.gov/cgi-bin/text-idx?rgn=div5;node=38:1.0.1.1.5#se38.1.4_116

 

 

The VA often gives low-balled initial ratings. Any time you get a rating % from the VA, I alward recommend comparing the rating given in the letter against your medical treatment records, C&P results, DBQ results (if any), and the award letter, and then make sure they provided the correct percentage as indicated rating criteria for each specific disability (http://www.ecfr.gov/cgi-bin/text-idx?rgn=div5;node=38:1.0.1.1.5).

Additionally, many veterans often overlook or do not know that the side effects of medication that is used to treat your SC conditions. You can file claims on those too. Some good examples are NSAIDs (ibuprofen, motrin, etc...) or pain meds (i.e. codeine, lortab, norco) jacking up your digestive tract (i.e. GERD, constipation) or depression meds causing your hydraulics to fail (i.e. ED) when you really need them to work. Please note that winning an ED claim will result in an SMC-K award (about $100/mo), but it is not be counted toward your total rating. Better than nothing.

I hope this information helps you out.

[gousto0731]

thank you this very helpful