Jump to content


  • Content Count

  • Donations

  • Joined

  • Last visited

Community Reputation

0 Neutral

About Tbird

  • Rank
    Founder HadIt.com established 1997
  • Birthday 02/19/1957

Contact Methods

  • Website URL
  • GooglePlus

Profile Information

  • Military Rank
    E-6 Petty Officer First Class

Previous Fields

  • Service Connected Disability
  • Branch of Service

Recent Profile Visitors

19,179 profile views
  1. All I could find is this https://www.benefits.va.gov/compensation/mailingaddresses.asp Mailing Address for Disability Compensation Claims The Department of Veterans Affairs has implemented centralized mail processing (CM) for compensation claims to reduce incoming paper handling and shipping requirements. Veterans should mail or fax correspondence pertaining to compensation claims to the below location. Important: The mailing addresses below only pertain to disability compensation claims. For education claims, refer to the appropriate Regional Processing Office. For home loan matters, contact a Regional Loan Center and for Vocational Rehabilitation and Employment matters, contact your local regional office at their physical address. For pension claims, use the Pension Management Center (PMC) that serves your state. For dual pension and compensation claims, use the mailing address below for compensation claims. Mail to: DEPARTMENT OF VETERANS AFFAIRS CLAIMS INTAKE CENTER PO BOX 4444 JANESVILLE, WI 53547-4444 or Fax to: TOLL FREE: 844-531-7818
  2. https://www.benefits.va.gov/reports/detailed_claims_data.asp 2019 Monday Morning Workload Reports How to read the report 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter 01/05/2019 04/06/2019 07/06/2019 10/05/2019 01/12/2019 04/13/2019 07/13/2019 10/12/2019 01/19/2019 04/20/2019 07/20/2019 10/19/2019 01/26/2019 04/27/2019 07/27/2019 10/26/2019 02/02/2019 05/04/2019 08/03/2019 11/02/2019 02/09/2019 05/11/2019 08/10/2019 11/09/2019 02/16/2019 05/18/2019 08/17/2019 11/16/2019 02/23/2019 05/25/2019 08/24/2019 11/23/2019 03/02/2019 06/01/2019 08/31/2019 11/30/2019 03/09/2019 06/08/2019 09/07/2019 12/07/2019 03/16/2019 06/15/2019 09/14/2019 12/14/2019 03/23/2019 06/22/2019 09/21/2019 12/21/2019 03/30/2019 06/29/2019 09/28/2019 12/28/2019
  3. just ask your question if it concerns the current topic, if it's a new topic please start a new conversation
  4. VA Manual M21-1MR Part III Subpart IV Chapter 8 Section C Protected Ratings Section C. Protected Ratings Overview In this Section This section contains the following topics: Topic Topic Name See Page 8 Protected Evaluations Under 38 CFR 3.951 and 38 CFR 3.952 8-C-2 9 Protected Service Connection Under 38 CFR 3.957 8-C-6 10 Protected Pension Ratings Under 38 CFR 3.951(b) 8-C-7 8. Protected Evaluations Under 38 CFR 3.951 and 38 CFR 3.952 Introduction This topic contains information about protected evaluations, including · protection under 38 CFR 3.951 and 38 CFR 3.952 · protection in the absence of a monetary award · when protection does not accrue · protection resulting from retroactive increases · protected combined evaluations · reduction and discontinuance under 38 CFR 3.552 · protection against rating schedule changes · reviewing evaluations after a rating schedule change · effect of change in diagnostic code (DC), and · effect of return to active duty. Change Date September 23, 2014 a. Protection Under 38 CFR 3.951 and 38 CFR 3.952 Exercise care to avoid violation of the provisions of 38 CFR 3.951 and 38 CFR 3.952for compensation and pension disability benefits. Do not reduce an individual disability evaluation that has been continuously rated at or above the current level for 20 years or more except in the case of fraud per 38 CFR 3.951(b). Measure the 20-year period of 38 CFR 3.951(b)from the earliest effective date of the combined or individual evaluations. Note: For purposes of determining whether benefits were received for a continuous period of 20 years, include periods during which recoupment or deduction applied to an award. b. Protection in the Absence of a Monetary Award The protective provisions of 38 U.S.C. 110and 38 CFR 3.951(b) do not require a concurrent award of monetary benefits. An evaluation for compensation purposes that has been continuously in effect for 20 or more years is protected whether or not the Veteran elects to receive the compensation. Continued on next page 8. Protected Evaluations Under 38 CFR 3.951 and 38 CFR 3.952,Continued c. When Protection Does Not Accrue Under 38 U.S.C. 110 and 38 CFR 3.951(b), protection does not accrue for · a Veteran who renounces entitlement to disability benefits, or · ratings for other than compensation purposes, such as ancillary benefits. d. Protection Resulting From Retroactive Increases If a retroactive increase under 38 CFR 3.105(a)results in a Veteran having been rated for 20 years or longer at a certain level, the evaluation is protected under 38 CFR 3.951(b)and may not be reduced in the absence of a showing of fraud. e. Protected Combined Evaluations Do not reduce benefits when a combined evaluation has been in effect for 20 years or more except in the case of fraud. Both the individual evaluations and the combined evaluation are protected under 38 CFR 3.951(b), even if erroneously assigned. Example: No rating action is warranted to reduce the erroneous 50 percent combined evaluation to the proper 40 percent combined evaluation in a case where · two compensable service-connected (SC) disabilities have been evaluated at 30 percent and 20 percent disabling, respectively, and · an improperly assigned combined degree of 50 percent has been in effect for 20 or more years. f. Reduction and Discontinuance Under 38 CFR 3.552 Protection under the provisions of either 38 CFR 3.951 or 38 CFR 3.952 of a total rating or disability evaluation does not preclude reduction to a hospital rate under 38 CFR 3.552. Continued on next page 8. Protected Evaluations Under 38 CFR 3.951 and 38 CFR 3.952,Continued g. Protection Against Rating Schedule Changes Public Law (PL) 102-86states that a rating evaluation cannot be reduced solely because of a change to the rating schedule subsequent to August 13, 1991. However, 38 CFR 3.952protects rating evaluations under the 1925 rating schedule which were the basis of compensation on April 1, 1946. Note: Evaluations in effect when previous changes to the 1945 rating schedule occurred are not protected by PL 102-86. Reference: For more information on the preservation of disability evaluations after rating schedule changes, see · 38 CFR 3.951(a), and · 38 U.S.C. 1155. h. Reviewing Evaluations After a Rating Schedule Change When reviewing a disability evaluation after a change in the rating schedule, determine whether the current evaluation would be continued or decreased under the prior schedule. Note: The disability evaluation cannot be reduced unless you can show the Veteran’s condition improved enough to have warranted reduction under the prior schedule. i. Effect of Change in DC When manifestations of a disability have been evaluated at a particular level for 20 years or more, Rating Veterans Service Representatives (RVSRs) should exercise caution when assigning a new diagnostic code (DC) for symptoms of that disability. RVSRs should consider whether the new DC includes the symptoms protected under the current evaluation or whether the new DC considers separate and distinct symptoms. VAis not prohibited from changing the DC for a protected evaluation if it does not result in a reduced rating for that disability. Continued on next page 8. Protected Evaluations Under 38 CFR 3.951 and 38 CFR 3.952,Continued i. Effect of Change in DC(continued) · Example: A Vietnam Veteran has been SC for a through-and-through gunshot wound (GSW) to the right leg (MG XI) evaluated at 10 percent under DC 5311effective November 21, 1968. The Service Treatment Records specifically indicate that the nerves were not affected. Over 40 years later, the Veteran is granted SC for type II diabetes mellitus. The GSW to the right leg has remained static; however, the medical records indicate that he has diabetic neuropathy with right foot drop. Since both the GSW and the peripheral nerve paralysis (foot drop) affect propulsion of the right lower extremity, separate ratings cannot be granted without pyramiding. However, a single 40 percent evaluation may be granted under DC 8521, which would consider both the symptoms of the GSW as well as the new diabetic neuropathy with foot drop. Reference: For more information on · protection of evaluations and DC codes, see Murray v. Shinseki, 24 Vet. App. 420 (2011) · pyramiding, see - 38 CFR 4.14, and - Esteban v. Brown, 6 Vet.App. 259 (1994). j. Effect of Return to Active Duty The statute prohibits payment of compensation for a period in which an individual receives active service pay. Therefore, where compensation is discontinued following reentry into active service · continuity of the rating is interrupted for the purposes of achieving the protection offered by 38 U.S.C. 110, and · the disability cannot be considered to have been continuously rated during the period in which compensation is discontinued. Reference: For more information on the effects of reentry in active duty on disability evaluations, see VAOPGCREC 5-95. 9. Protected Service Connection Under 38 CFR 3.957 Introduction This topic contains information about the protection of service connection under 38 CFR 3.957, including · protection under 38 CFR 3.957 · the provisions of VAOPGCPREC 6-2002, and · determining the ten-year period. Change Date December 13, 2005 a. Protection Under 38 CFR 3.957 Under 38 CFR 3.957, if service connection for disability or cause of death has been in effect ten or more years, propose severance only if · the original grant was based on fraud, or · it is clearly shown that the person concerned did not have the requisite service or character of discharge. b. Provisions of VAOPGCPREC 6-2002 VAOPGCPREC 6-2002 held that · the restriction relating to severance includes awards where service connection was recently and erroneously awarded, but with an effective date more than ten years prior to the decision awarding service connection, and · in the absence of the Veteran’s own willful misconduct or abuse of alcohol or drugs, Department of Veterans Affairs (VA) must pay compensation otherwise in order for a disability that was erroneously established as service connected, where service connection is protected from severance. c. Determining the Ten-Year Period Measure the ten-year period from the effective date of service connection, not the date of the rating, to the effective date of the actual or prospective reduction. 10. Protected Pension Ratings Under 38 CFR 3.951(b) Introduction This topic contains information about protected pension entitlement, including · protection under 38 CFR 3.951(b), and · limits of protection. Change Date December 13, 2005 a. Protection Under 38 CFR 3.951(b) Under 38 CFR 3.951(b), do not discontinue a rating of permanent total disability for pension purposes which has been in force for 20 or more years except in the case of fraud. b. Limits of Protection The protection of pension entitlement under 38 CFR 3.951(b)does not extend to Special Monthly Pension (SMP).
  5. TDIU is not the same as schedular. TDIU means that even though your disabilities don't add up to 100% you will be paid at the 100% rate due to individual unemployability. Unemployability is not the same as schedular and being employed, Here's some info for you. Can a 100 percent Disabled Veteran Work and Earn an Income? Filed Under: Featured, Spotlight, VA Claims Articles Tagged With: 100%, Americans with Disabilities Act, Disability, Disability in the United States, Employment, Gainful employment, Internal Revenue Service, Military, schedular, Supported employment, United States Department of Veterans Affairs, VA Accredited attorney, veteran 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 after being rated 100% disabled. Some Veterans like to work just for the sake of having something to do. Other Veterans like to work for non-profits or other organizations that provide a public service …. after all, Veterans as a community are more heavily oriented to public service than many other groups of people. Yet other Veterans still like to keep doing the job that they did, as they find that the income from even a 100% VA disability rating is not enough to cover all their expense. Whether the family’s bills, funding college educations for kids and grand-kids, medical bills for spouses and children, or paying off the mountains of debt that have likely built up in the 5-10 years you have probably been waiting for the Veterans Affairs to get off it’s arse and make the right decision….100% disability rating is barely enough money to live off. So, here’s the answer…and it’s a lawyers FAVORITE answer….It Depends. Whether a 100 percent Disabled Veteran can work turns on the answer to this question: Are you getting a 100% schedular rating, or 100% unemployability (aka, TDIU or IU)? Veterans that Receive 100% Schedular Ratings have NO Limitations on Their Ability to Work. Veterans are rated for their Veterans Affairs Disability based on a set of tables known as the VA Impairment Rating Tables. These are also known as the “Schedule of Ratings”. So, if your 100% VA Disability Rating comes because you qualify for the 100% rating specified for a single (or combination of multiple) service-connected conditions using the Schedule of Ratings, then you have NO limitations on your ability to work. Some Veterans think that this doesn’t make sense: after all, if you are 100% disabled, that means you can’t do anything, right? This is one of the problems with the VA Disability Compensation system – for years, we have been led to believe that the percentage of rating equates to a percentage of how much our body is disabled. In reality, the percentage of your disability rating means that you have had that percentage of interference with your ability to earn an income. So a Veteran whose service connected condition equates to a 100% disability rating is not – in the eyes of the law – 100% disabled. Instead, in the eyes of the law, the Veteran’s ability to earn an income has been 100% interfered with. Bottom line, if you are rated 100% using the Schedule of Ratings, or the Impairment Ratings Table – whether it is for one condition or multiple conditions – than you can work as much or as little as you want. In theory, you could make $1,000,000 a minute and still collect a 100% Veterans Affairs Disability Schedular Rating. Of course, to make that kind of money, you’d probably have to become a Congressional representative, and put your hand into the pocket of some pretty unseemly political and lobbying organizations. But the point is the same: Veterans that Receive 100% Schedular Ratings have NO Limitations on Their Ability to Work or earn an income. Can a Veteran Earn an Income while Receiving VA TDIU Benefits? To answer this question, we need only look to the law. For those of you that don’t know what TDIU is, I encourage you to read this post to get a basic understanding of the 2 types of TDIU Benefits. To those of you trying to win your VA TDIU Claim, I encourage you to consider whether a copy of the VA TDIU Field Manual, or the VA TDIU eBook Package – will help you understand and improve your VA TDIU Claims. 38 C.F.R. §4.16(a) – the section of the Code of Federal Regulations that states the requirements for eligibility for TDIU Benefits, states the following: Total disability ratings for compensation may be assigned, where the schedular rating is less than total, when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities. Now, as I’ve discussed before on the Veterans Law Blog, the law does not clearly define what substantially gainful occupation is. But the law DOES define what Substantially Gainful employment IS NOT. Read the rest of 38 C.F.R. §4.16(a): 38 C.F.R. §4.16(a) – Marginal employment shall NOT be considered substantially gainful employment. For purposes of this section, marginal employment generally shall be deemed to exist when a veteran’s earned annual income does not exceed the amount established by the U.S. Department of Commerce, Bureau of the Census, as the poverty threshold for one person. Marginal employment may also be held to exist, on a facts found basis (includes but is not limited to employment in a protected environment such as a family business or sheltered workshop), when earned annual income exceeds the poverty threshold. (emphasis is mine). So there you have it – the 2 ways that Veteran can earn an income while receiving VA TDIU benefits: when the employment is “marginal” and when the employment is “sheltered”. We’ll look at them in more detail, below. You might ask “Why” a Veteran is allowed to earn an income in these 2 scenarios while receiving TDIU Benefits. Truth be told, I have no clue why Congress wrote the laws this way when they wrote them – someday I’ll dig into the legislative history to understand it. But since Congress allowed it, there is NOTHING wrong with Veterans getting Marginal or Sheltered Employment income while receiving TDIU Benefits. #1: Marginal Employment & TDIU Benefits. This is the type of income that many Veterans are aware that they can receive even after being granted TDIU Benefits. Simply go to the US Bureau of Census website, and look up the “poverty threshold for one person”. (Click here to see the historical poverty ratings tables from 1959 – 2015). You will see that, for 2014, the poverty threshold for one person is $12,316 per year (if you are under 65), or $11,354 (if you are over 65). Each year, the VA will ask you to verify your employment (or lack thereof) to determine whether you are eligible to continue to receive TDIU Benefits. They typically require that you use VA Form 21-4140 or 21-4140-1 to do this report. The VA does cross check 2 databases that I know of: Social Security databases that record your work/income history, and IRS databases that record your family income on your annual tax returns. Word to the wise: if you are telling different income stories to different federal agencies, you are playing with fire, and may even be committing fraud. If you indicate in this form that your income is higher than the poverty threshold, a proposal to reduce your TDIU benefits will be forthcoming. It’s one of the few times that the VA acts with a sense of purpose – when they want to STOP paying you. #2: Sheltered Employment & TDIU Benefits Another way that Veterans can earn an income while receiving TDIU Benefits is by participating in what is called “sheltered employment”. There are many ways that your income can be considered “sheltered”, but 2 that are clearly identified in the regulation itself: Family business Sheltered Workshop (these are supervised workplaces for adults with a physical and/or mental handicap) Now, just because you are working for a family business doesn’t mean your job is considered “sheltered employment”. It has to be what the regulation refers to as a “protected environment”. A protected environment occurs when the employer makes special accommodations to employ and provide an income for a family member or a disabled worker. This happens quite a lot – a family business, to reduce its tax burden or simply to help another family member, pays a disabled Veteran family member an income that they would not otherwise be able to receive. How can you tell if there is a protected work environment? What kind of questions would you ask, and what kind of evidence would you need? If you can get answers to these kinds of questions – typically in an affidavit by the business owner or the executive in charge of hiring/staffing – you will have a much stronger proof of entitlement to TDIU benefits even while earning an income well above the poverty threshold in a sheltered employment situation. 1) Did they employer provide any special accommodations (especially if they are not required to by the Americans With Disabilities Act) to accommodate the employee with disabilities? These accommodations are most commonly adjustments to the work schedule, the work environment, or the work duties. I have not handled a case yet where a major employer, covered by the Americans With Disabilities Act, provides an accommodation to a 100% disabled Veteran as required by law to do. This is an interesting question as to whether or not the employment could be considered sheltered when the company has a legal obligation to enact accommodations. I am not aware of any VA precedent on this topic – if you do know of a precedential case on this topic, don’t hesitate to let me know! 2) If the employee leaves the company, will the business hire a “similarly situated” person to fill the position (i.e, another worker with a disability)? There are 3 scenarios here: Scenario #1: If the business plans to modify the Veteran’s position after he or she leaves so that there are no longer accommodations to the work duties, environment or schedule, then you can make a pretty good argument that the employment is sheltered. Why? Because it appears that the position may have been created or modified just for the disabled Veteran. Scenario #2: If the business plans on continuing the accommodation, then its a pretty good argument that the position itself – and anyone that holds it – is sheltered employment. (Many employers do this for the tax advantages available to certain types of “sheltered workshops”). Scenario #3: If the business plans to eliminate the position after the disabled Veteran leaves the job, then it is most likely “sheltered employment”. None of the above scenarios are absolute: the more evidence you can show that an employer created a job for a 100% disabled Veteran – whether for “feel-good” reasons, tax incentives, or any other reason other than common business reasons, the stronger your case of showing that your position is “sheltered employment”. 3) Is there evidence that another business in the same industry would NOT hire a similarly situated employee, and pay them a similar income, for the same type of work? What do I mean here? If your family business pays you $50,000 a year, while allowing you to come in to the job “only on the days you feel up to it”, look to other businesses in the same industry to see if they would pay that same salary to an employee that comes and goes at will. Where do you get evidence of this sort of thing? Honestly, you would hire an economist to prepare an expert report on the nature of the employment and whether or not it is sheltered, based on a survey of the particular industry. This type of expert report can get really expensive, so I would not typically do this unless it was really questionable whether the employment was sheltered or not, and there was a lot riding on the outcome. Frankly, providing evidence that answers Question #3 is probably a bit “over the top” in most Sheltered Employment claims. Legal Advice in Sheltered Employment situations. Be VERY careful with the Sheltered Employment rules. They are not frequently applied, many in the VA do NOT know about them (or don’t understand them when they do know about them), and the Sheltered Employment Rules can lead to serious consequences if applied incorrectly. I’m not telling any details here, but I know of a couple Veterans who have been charged with criminal fraud for collecting TDIU benefits while getting an income and doing nominal work for a family member’s business. These charges usually will not stick – as the US Attorneys that prosecute these crimes have far less understanding of VA regulations than even most VA raters or Board Hearing Officials. But you’re going to have to pay a criminal defense attorney to make it go away, and the VA ain’t repaying your attorneys fees. That said, it is ALWAYS BEST to get legal advice – call a VA Accredited attorney and ask for a consultation – if you are considering earning income above the poverty threshold and want to know if it is or is not considered “sheltered employment”.
  6. 2019 VA Disability Payment Schedule Month Payment Date Day of Week January Feb. 1 Friday February Mar. 1 Friday March Apr. 1 Monday April May 1 Wednesday May May 31 Friday June July 1 Monday July Aug. 1 Thursday August Aug. 30 Friday September Oct. 1 Tuesday October Nov. 1 Friday November Nov. 29 Friday December Dec. 31 Tuesday
  7. To get a copy of the final report from your exam, you can: Contact your nearest VA regional benefit office, or Call VA at 1-800-827-1000 and request an appointment to view your file
  8. check out this link https://www.aarda.org/diseaselist/
  9. like all things Veterans Affairs it is written in the law 38 CFR 4.25 https://www.ecfr.gov/cgi-bin/text-idx?SID=72be01e49c466b6ccaf80579cbfa6962&mc=true&node=se38.1.4_125&rgn=div8 Electronic Code of Federal Regulations e-CFR data is current as of January 22, 2019 Title 38 → Chapter I → Part 4 → Subpart A → §4.25 Browse Previous | Browse Next Title 38: Pensions, Bonuses, and Veterans' Relief PART 4—SCHEDULE FOR RATING DISABILITIES Subpart A—General Policy in Rating §4.25 Combined ratings table. Table I, Combined Ratings Table, results from the consideration of the efficiency of the individual as affected first by the most disabling condition, then by the less disabling condition, then by other less disabling conditions, if any, in the order of severity. Thus, a person having a 60 percent disability is considered 40 percent efficient. Proceeding from this 40 percent efficiency, the effect of a further 30 percent disability is to leave only 70 percent of the efficiency remaining after consideration of the first disability, or 28 percent efficiency altogether. The individual is thus 72 percent disabled, as shown in table I opposite 60 percent and under 30 percent. (a) To use table I, the disabilities will first be arranged in the exact order of their severity, beginning with the greatest disability and then combined with use of table I as hereinafter indicated. For example, if there are two disabilities, the degree of one disability will be read in the left column and the degree of the other in the top row, whichever is appropriate. The figures appearing in the space where the column and row intersect will represent the combined value of the two. This combined value will then be converted to the nearest number divisible by 10, and combined values ending in 5 will be adjusted upward. Thus, with a 50 percent disability and a 30 percent disability, the combined value will be found to be 65 percent, but the 65 percent must be converted to 70 percent to represent the final degree of disability. Similarly, with a disability of 40 percent, and another disability of 20 percent, the combined value is found to be 52 percent, but the 52 percent must be converted to the nearest degree divisible by 10, which is 50 percent. If there are more than two disabilities, the disabilities will also be arranged in the exact order of their severity and the combined value for the first two will be found as previously described for two disabilities. The combined value, exactly as found in table I, will be combined with the degree of the third disability (in order of severity). The combined value for the three disabilities will be found in the space where the column and row intersect, and if there are only three disabilities will be converted to the nearest degree divisible by 10, adjusting final 5's upward. Thus, if there are three disabilities ratable at 60 percent, 40 percent, and 20 percent, respectively, the combined value for the first two will be found opposite 60 and under 40 and is 76 percent. This 76 will be combined with 20 and the combined value for the three is 81 percent. This combined value will be converted to the nearest degree divisible by 10 which is 80 percent. The same procedure will be employed when there are four or more disabilities. (See table I). (b) Except as otherwise provided in this schedule, the disabilities arising from a single disease entity, e.g., arthritis, multiple sclerosis, cerebrovascular accident, etc., are to be rated separately as are all other disabiling conditions, if any. All disabilities are then to be combined as described in paragraph (a) of this section. The conversion to the nearest degree divisible by 10 will be done only once per rating decision, will follow the combining of all disabilities, and will be the last procedure in determining the combined degree of disability. Table I—Combined Ratings Table [10 combined with 10 is 19] 10 20 30 40 50 60 70 80 90 19 27 35 43 51 60 68 76 84 92 20 28 36 44 52 60 68 76 84 92 21 29 37 45 53 61 68 76 84 92 22 30 38 45 53 61 69 77 84 92 23 31 38 46 54 62 69 77 85 92 24 32 39 47 54 62 70 77 85 92 25 33 40 48 55 63 70 78 85 93 26 33 41 48 56 63 70 78 85 93 27 34 42 49 56 64 71 78 85 93 28 35 42 50 57 64 71 78 86 93 29 36 43 50 57 65 72 79 86 93 30 37 44 51 58 65 72 79 86 93 31 38 45 52 59 66 72 79 86 93 32 39 46 52 59 66 73 80 86 93 33 40 46 53 60 67 73 80 87 93 34 41 47 54 60 67 74 80 87 93 35 42 48 55 61 68 74 81 87 94 36 42 49 55 62 68 74 81 87 94 37 43 50 56 62 69 75 81 87 94 38 44 50 57 63 69 75 81 88 94 39 45 51 57 63 70 76 82 88 94 40 46 52 58 64 70 76 82 88 94 41 47 53 59 65 71 76 82 88 94 42 48 54 59 65 71 77 83 88 94 43 49 54 60 66 72 77 83 89 94 44 50 55 61 66 72 78 83 89 94 45 51 56 62 67 73 78 84 89 95 46 51 57 62 68 73 78 84 89 95 47 52 58 63 68 74 79 84 89 95 48 53 58 64 69 74 79 84 90 95 49 54 59 64 69 75 80 85 90 95 50 55 60 65 70 75 80 85 90 95 51 56 61 66 71 76 80 85 90 95 52 57 62 66 71 76 81 86 90 95 53 58 62 67 72 77 81 86 91 95 54 59 63 68 72 77 82 86 91 95 55 60 64 69 73 78 82 87 91 96 56 60 65 69 74 78 82 87 91 96 57 61 66 70 74 79 83 87 91 96 58 62 66 71 75 79 83 87 92 96 59 63 67 71 75 80 84 88 92 96 60 64 68 72 76 80 84 88 92 96 61 65 69 73 77 81 84 88 92 96 62 66 70 73 77 81 85 89 92 96 63 67 70 74 78 82 85 89 93 96 64 68 71 75 78 82 86 89 93 96 65 69 72 76 79 83 86 90 93 97 66 69 73 76 80 83 86 90 93 97 67 70 74 77 80 84 87 90 93 97 68 71 74 78 81 84 87 90 94 97 69 72 75 78 81 85 88 91 94 97 70 73 76 79 82 85 88 91 94 97 71 74 77 80 83 86 88 91 94 97 72 75 78 80 83 86 89 92 94 97 73 76 78 81 84 87 89 92 95 97 74 77 79 82 84 87 90 92 95 97 75 78 80 83 85 88 90 93 95 98 76 78 81 83 86 88 90 93 95 98 77 79 82 84 86 89 91 93 95 98 78 80 82 85 87 89 91 93 96 98 79 81 83 85 87 90 92 94 96 98 80 82 84 86 88 90 92 94 96 98 81 83 85 87 89 91 92 94 96 98 82 84 86 87 89 91 93 95 96 98 83 85 86 88 90 92 93 95 97 98 84 86 87 89 90 92 94 95 97 98 85 87 88 90 91 93 94 96 97 99 86 87 89 90 92 93 94 96 97 99 87 88 90 91 92 94 95 96 97 99 88 89 90 92 93 94 95 96 98 99 89 90 91 92 93 95 96 97 98 99 90 91 92 93 94 95 96 97 98 99 91 92 93 94 95 96 96 97 98 99 92 93 94 94 95 96 97 98 98 99 93 94 94 95 96 97 97 98 99 99 94 95 95 96 96 97 98 98 99 99 (Authority: 38 U.S.C. 1155) [41 FR 11293, Mar. 18, 1976, as amended at 54 FR 27161, June 28, 1989; 54 FR 36029, Aug. 31, 1989; 83 FR 17756, Apr. 24, 2018]
  10. Check out the following articles Home » TDIU TDIU 38CFR4 Total Disability Ratings 38CFR4 Total Disability Ratings §4.15 Total disability ratings. The ability to overcome the handicap of disability varies widely among individuals. The rating, however, is based primarily upon the average impairment in earning capacity, that is, upon the economic or industrial handicap which must be overcome and not from individual success in overcoming … [Read more...] about 38CFR4 Total Disability Ratings Individual Unemployability Individual Unemployability is a part of VA's disability compensation program that allows Veterans Affairs to pay certain Veterans disability compensation at the 100% rate, even though Veterans Affairs has not rated their service-connected disabilities at the total level. Eligibility Requirements: You must be a Veteran You must have at least one service connected … [Read more...] about Individual Unemployability Individual Unemployability – When to File – Hill & Ponton, P.A. Today we want to talk to you about individual unemployability and a big mistake we see, and that is the timing of the filing of the paperwork for that. A lot of times what we’ll see is somebody is not working and they’re filing for service connected compensation for their back or their headaches or their allergies, and they’re not service connected yet. Sourced through … [Read more...]
  11. For bilateral ratings try this calculator https://www.hillandponton.com/va-disability-calculator/
  12. If you have symptoms that link to diabetes in your service medical records, then you may have a shot, other than that I am not sure. Others can chime in. Caluza Triangle defines what is necessary for service connection. Filed Under: Featured, VA Claims Articles Tagged With: Caluza triangle, Caluza v Brown, service connection, www.hadit.com/wp-content/uploads/2017/08/uscova-90-0818-caluza-v-brown.pdf Caluza Triangle – Caluza vs Brown defined what is necessary for service connection see COVA– CALUZA V. BROWN–TOTAL RECALL This has to be MEDICALLY Documented in your records: Current Diagnosis. (No diagnosis, no Service Connection.) In Service Event or Aggravation. Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service” This is also known as the “Hickson Elements” for a later case. Why you need to know: If all 3 of these things are not documented in your medical and service records, then you will need to obtain this documentation before getting service connected. This applies if you applied last week, or 10 years ago. Note: Secondary Service Connection and Presumptive’s are a little easier. If you have a diagnosis, and a doctor says that your diagnosis is at least as likely as not a result of your (service connected condition), then you need not AGAIN establish an in service event or aggravation. A presumptive Service connection means if you meet the applicable criteria, then your condition is “presumed” to be caused by military service. You are still gonna need a current diagnosis, but you may get a bye on the nexus if you meet the requisite criteria for presumptive conditions. Hickson Elements In order to establish service connection for the claimed disorder, there must be medical evidence of a current disability; medical, or in certain circumstances, lay evidence of the incurrence or aggravation of a disease or injury in service or during the presumptive period; and medical evidence of a nexus between the claimed in-service disease or injury and the current disability. Hickson v. West, 12 Vet. App. 247, 253 (1999). More on Caluza Triangle from member Broncovet:
  • Create New...

Important Information

{terms] and Guidelines