Rattler

The Park one cost $10 for a lifetime card. I just got one.

The VA is required to maximize your benefits. For example, you file a claim for SC neuropathy on you right leg. In the process the VA find out that you have a back a SC back issue that is causing the neuropathy. The VA has a duty to maximize your benefits by seeing if you back condition is. 1. service connected. 2. If so, do the need to SC the condition as secondary to your back and rate the back.

It's ok to vent a little. First let me address the Remanded to RO. When the VA rated me for my PTSD. (It was on a remand) The decision letter from the BVA should list the reason why they are remanding it to the RO. (Someone did not answer the questions right. Or they need more information) In my case I did 2 C & P Exams and a third was requested for a independent medical opinion, (IMO) from the same doc. Maybe brokensoldger244 can add to this but I have been told by the VA if your claim fits certain criteria the system will automatedly request a C & P Exam. I don't know about the acracy to this I will see if I can get him to give some input hear. To answer your question about, "Fishing for someone to disagree with doctors who have been treating me since 2010 and the doc from last C&P so they can deny?" This does happen more than anyone admits to it. If you can catch them in it the following does apply. -VA cannot "develop to deny" a claim. Since I have already submitted a complete package of private evidence, any further development with C&Ps would violate VA policy: "Decision makers may not arbitrarily or capriciously refuse to assign weight to a claimant's evidence or develop with the purpose of obtaining evidence to justify a denial of the claim" (M21-1 Vii..3.B.1.a). This prohibition was emphasized in a law review article published by the BVA: "additional evidence should not be procured for the sole purpose of denying the veteran's claim" (1 Veterans L Rev. 94 (2009)). Even CAVC has strongly affirmed this policy: "Because it would not be permissible for VA to undertake such additional development if a purpose was to obtain evidence against an appellant's case, VA must provide an adequate statement of reasons or bases for its decision to pursue further development where such development reasonably could be construed as obtaining additional evidence for that purpose" (Mariano v Frincipi, 17 Vet. App. 312 (2003)).

So, to answer your question the decision letters stated the following. 20 percent 20 percent 70 percent 50 percent 30 percent 10 percent This give you an actual combined value of your disability ratings is 95%. Round up to the nearest number it will equal to 100% Schedler rating regardless of if they have ratted you 100% UI T & P. Hadi.com has information on it hear. https://community.hadit.com/va-claims-and-benefits-information/va-disability-calculator-combined-ratings-explained-r4/ At va.gov they have a calculator where you can put the numbers in, and it will tell you your combined rating. https://www.va.gov/disability/about-disability-ratings/

When they remand a claim, it is for further development. This could be for some question that the BVA needs answered or an error in how the RO applied the law in your claim. the BVA may need an updated C&P exam because you stated you had one earlier. Did you get a letter from the BVA? It should state in it what the remand was for.

I think what pacmanx1 is trying to say is if the BVA did not rate you and they remained it to your RO the RO will be the one who does your rating.

This is not a matter of opinion. What pacmanx1 and broncovet stated are facts based on years of experience with their own VA claim and their experience here at Hadit.com. The fact is a lot has changed in the last 16 years. With the enactment of the AMA in 2019 and some of the newer regulations regarding exposure how the VA handles claims has changed,

A good post new thread on disability severance pay and how it works as it seems many people on here have questions about it. https://www.pebforum.com/threads/disability-severance-pay.98943/

pacmanx1 Until you posted that case I haven't seen the court use, "Buie states, The Court has held that the order in which disabilities are service connected is not relevant to VA’s determination of a claimant’s eligibility for special monthly compensation under 37 U.S.C. section 1114(s)." Or "If, after such an assessment, VA determines that the claimant is entitled to special monthly compensation, the effective date of the award of special monthly compensation will be the effective date assigned for the award of benefits for the final disability that forms the relevant combination of disabilities. Buie v. Shinseki, 24 Vet. App. 242, 250-51 (2010), as amended (Apr. 21, 2011)." I can think of ways to use it in other cases. "the effective date of the award of special monthly compensation will be the effective date assigned for the award of benefits for the final disability that forms the relevant combination of disabilities." Any Idea how it was amended? (as amended (Apr. 21, 2011).

Good Post Broncovet.

I have two versions of this Sworn Declaration. Along one and a short one. I am posting the long one and will add the short one when I find it. SWORN DECLARATION OF JOHN DOE (Long Form).pdf

38 CFR 4.16(B) does not always hold true, or the VA ignores it. In my case, they awarded me 70% PTSD and I had to go back and request the RO QUE itself because I filled VBA-21-8940-ARE -Unemployability. You and I know the VA never ignores anything in your file when it comes to your claim.

First, you have to go to va.gov and get a Benefits Summary Letter like the attached. Check all the boxes when it asks you what information you want on it. If you do, it will put the following language in the letter. service-connected disabilities: You are being paid at the 100 percent rate because you are unemployable due to your service-connected disabilities: You are considered to be totally and permanently disabled due solely to your service connected disabilities: The effective date of when you became totally and permanently disabled due to your November 24, 2017 My Redacted VA Benefits Summary Letter is attached below. I know it's confusing, and most state employees do not know how to read the letter so I highlight the part that says I am 100% disabled before I go in. Do not confuse the "Benefit Verification Letter," with the "Benefits Summary Letter." You are wasting your time trying to get the VA to change your percentage. They will not until you get to 100% scheduler. The last 10% and 20% are the hardest to get because it will take another 60% rating or a combination to push you over to 100% scheduler. Redacted VA Benefit Summary Letter.pdf

No its not. The VA awarded me TUDI T & P 100% with a single 70% PTDS rating.

Until I learned how to read the letters I did the same thing you just did. Read down to the part where they piss you off and get lost in that. If you could take a Sharpie and black out your personal information and post it here we can look at it and help you. brokensoldier244th works at the VA and is very good at reading between the lines with the letters, as am I, after 45 years. The VA is spose to tell you in the letter why did what they did. From what you posted and my own experience you have said, "TDIU based in part on their verbal garbage saying that TDIU is based on my 70% CNS and all my other disabilities." To get TDIU you have to have one rating of 60% (or more) and one rating of 40% or more. You stated, "But none of those are rated above 50%." So, if they rated you at 70% and 50%, you would qualify for TDIU. The only other question I have for you is, did they give you T & P with it? (Total & Permanent) They sometimes will give you T & P with TDIU. This will help you from getting reviewed.