ptsd How Are Mulitple Claims For Different Amounts Rated On My Appeal

[mike6113]

Hi thank you all for your advice in the past it is always helpful.

I am hearing conflicting info from the vets I come across at the local VA waiting rooms about a final rating for service connection on multiple claims. I have an appeal in for PTSD as the primary and GERD and A-FID/SVT for my heart as secondary. I am already getting 10% for Tinnitus. So if all three from the appeal are awarded how do they come up with the final monthly award ?

Thanks for your help

Mike

[Philip Rogers]

They are added together using the combined ratings table (38 CFR 4.25).

http://cfr.vlex.com/vid/4-25-combined-ratings-table-19774341

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Edited January 26, 2014 by Philip Rogers

[mike6113]

So Phil if I was getting 70,30,30 and 10 it would be 90% ?

[john999]

Yes, just glancing at it. Are you able to work?

[mike6113]

Not for much longer . Whats next ?

[lotzaspotz]

Should be an inferred TDIU claim (total unemployability) unless of course you're engaged in more than marginal employment. But you run the risk of the VA waiting for you to actually ask for that instead of them acting proactively. At the point that you no longer work, apply for TDIU, don't wait for the VA to figure it out in the meantime.

[FormerMember]

Yep. Gotta file that Form 21-8940 according to FAST Letter 13-13. How else will they know that is your desire? Somehow, everyone at the RO with even a smattering of VA legal acumen seems to forget AB v. Brown (95) i.e. It is to be assumed I'm going for the gold or the next highest rating. VA insists you must ask for it now or they have to write you a letter and ask you if that is, indeed, your desire. Right. So, you're going to write them back a note that says Negatory. I desire to remain at 90% for the rest of my time on this side of the grass. That is who you are forced to deal with.

No offense, but getting your VA claims advice in VAMC waiting rooms can be hazardous to your rating, sir.

A

Clear Prop.

Guess Who?

Edited January 27, 2014 by asknod