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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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rikkor

Does Cue Exist?

Question

Had been rec'ing the 40 % for leg for over 10+ yrs..I..asked for increase based on new evidence in 2006. Reduced 10% DOES a cue exist?

percentages and disabilities SC.

Eval of residuals ankle laceration of achilles tendon which was currently eval'ed@ 40%

disabling, is decreased to 30% eff. 03/2006 ( will follow-up with reasons for decisions next part)

we determined the following SC conditions haven't chged.

residuals of neurological involvement of right ankle,,,@20%

Donoer skin graft site,left lower leg,,,10%

NEW as of 04/17 2006

Straightening of the spine, discogenic diease @L5-S1 osteopenia, mild degenarative joint

diease, L5-S1, L2-L3 heniated disc and L4-L5 bulging disc with mild degenarative joint diease and secondary clinical left lumbar radiculopathy 10%

we determined that the following conditions were not related to your milatary service, (sry BullSxxt)

PTSD, Depressive disorder, bacterial infections of the bones.

We denied entitlement to to 100/% rate becuz it wasn;t shown that you were unable to work as a result of your SC disabilities.

reasons for decision

the eval of residuals ankle laceration of achilles tendon is decreased to 30% eff 04 /2006

The max assigned eval for ankylosis of ankle is 40% the evidence shows you cont to meet this req'ments, however you have an additional SC residual neurological involvement of the right ankle

rated @an additional 20% which combines to a 50 % evaluation. Both evaluations are prtected by lawand your current symptomatology is permanant in nature and therfore will not be reduced to a lower than 40 % combined evaluation. the rule for assigning combined ratings for disablities of extremity shall not exceed the rating for the amputation at the elective level, were amputation were to be performed. the maximum evaluation permit under this rule for a foot disability below the knee is 40% since you have combined evaluation right leg/right ankle condition greater than the evaluation of 40% permitted, we must reduce the evaluationof your service connection residual right ankle laceration of Achilles tendon to correct the combine evaluation to 40%

We can not make any adjustments to your combined evaluations or increase your compensation without 1st making this correction. since your overall combined evaluation of all your Sc disabilties remained 60 % after the reduction, we are not req'ed to declare the previously assigned evaluation in error, thks for your read will cont next part another day

rikkor

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5 answers to this question

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I'm thinking no but I may be wrong. If I recall correctly, 20 yrs protects the rating, even if wrong. 10yrs protects service connection. 5 yrs protects from a reduction based on a single C&P exam. Someone will jump in shortly to either confirm or correct me.

pr

Had been rec'ing the 40 % for leg for over 10+ yrs..I..asked for increase based on new evidence in 2006. Reduced 10% DOES a cue exist?

percentages and disabilities SC.

Eval of residuals ankle laceration of achilles tendon which was currently eval'ed@ 40%

disabling, is decreased to 30% eff. 03/2006 ( will follow-up with reasons for decisions next part)

we determined the following SC conditions haven't chged.

residuals of neurological involvement of right ankle,,,@20%

Donoer skin graft site,left lower leg,,,10%

NEW as of 04/17 2006

Straightening of the spine, discogenic diease @L5-S1 osteopenia, mild degenarative joint

diease, L5-S1, L2-L3 heniated disc and L4-L5 bulging disc with mild degenarative joint diease and secondary clinical left lumbar radiculopathy 10%

we determined that the following conditions were not related to your milatary service, (sry BullSxxt)

PTSD, Depressive disorder, bacterial infections of the bones.

We denied entitlement to to 100/% rate becuz it wasn;t shown that you were unable to work as a result of your SC disabilities.

reasons for decision

the eval of residuals ankle laceration of achilles tendon is decreased to 30% eff 04 /2006

The max assigned eval for ankylosis of ankle is 40% the evidence shows you cont to meet this req'ments, however you have an additional SC residual neurological involvement of the right ankle

rated @an additional 20% which combines to a 50 % evaluation. Both evaluations are prtected by lawand your current symptomatology is permanant in nature and therfore will not be reduced to a lower than 40 % combined evaluation. the rule for assigning combined ratings for disablities of extremity shall not exceed the rating for the amputation at the elective level, were amputation were to be performed. the maximum evaluation permit under this rule for a foot disability below the knee is 40% since you have combined evaluation right leg/right ankle condition greater than the evaluation of 40% permitted, we must reduce the evaluationof your service connection residual right ankle laceration of Achilles tendon to correct the combine evaluation to 40%

We can not make any adjustments to your combined evaluations or increase your compensation without 1st making this correction. since your overall combined evaluation of all your Sc disabilties remained 60 % after the reduction, we are not req'ed to declare the previously assigned evaluation in error, thks for your read will cont next part another day

rikkor

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What is your PTSD rating?

Has any doctor stated that your SC disabilities prevent you from working?

"since your overall combined evaluation of all your Sc disabilties remained 60 % after the reduction, we are not req'ed to declare the previously assigned evaluation in error"

Do you feel that the assigned evaluation was correct in the first place?

Did they give you full appellate rights?

I believe Philip is correct on what he stated.

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I believe that only final decisions can be CUE'ed. You don't want that ,so appeal this reduction.

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John, I think it is final, as it was effective 3/2006.

pr

I believe that only final decisions can be CUE'ed. You don't want that ,so appeal this reduction.

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What is your PTSD rating?

Has any doctor stated that your SC disabilities prevent you from working?

"since your overall combined evaluation of all your Sc disabilties remained 60 % after the reduction, we are not req'ed to declare the previously assigned evaluation in error"

Do you feel that the assigned evaluation was correct in the first place?

Did they give you full appellate rights?

I believe Philip is correct on what he stated.

hi berta,

i filed for ptsd in 2006 was denied even tho i have an in service stressor IE traumatic laceration of achilles tendon and nerves r/ leg when struck/ attacked ny unknown soldier with a power lawn mower, on active duty. Hence darn near severed my r/ leg off..spent 16 months inpatient in amry hospital, Ret'ed@ age 19 (med ret)Peramanant list.

No, i def dont feel the reduction was warrented, go figure that 10 % was the difference that would have enabled me to file and rec IU 70% and I have yet to appeal..

Altho i have no documentation of inability to work from VA.,I have been unable to work in 20+ yrs. Chronic pain, has been the underlying main reason. besides secondary MH issues.

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