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fmfdoc

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Posts posted by fmfdoc

    from 92% to 100%

    in Eligibility - Veterans Compensation Benefit Claims

    Posted

    19 minutes ago, pete992 said:

    Sorry to be the bearer of bad news but you are using the wrong calculator.  There are a lot of calculators on line and all of them are wrong except 38 CFR 4.25 Combined Rating Table which do not use any decimals.  This is the only calculator VA uses. My suggestion to you is to use the correct table and go from there.

    http://www.ecfr.gov/cgi-bin/text-idx?SID=6338d97b4fb9053c6488c6951cb558ec&mc=true&node=se38.1.4_125&rgn=div8

    I used the calculator on this site, hadit.com

    so is this calculator incorrect?

    OVERALL FROM 90% TO 92% ???

    in Eligibility - Veterans Compensation Benefit Claims

    Posted

    If you have not already, look through your service medical records and see if you still have problems today from what happened back then. If your records are paper, look on both sides.

    Also, consider any secondary conditions that could be from your primary conditions or the side effects of medication you take for your primary conditions.

    thanks. I am working on some secondary conditions now that I have 30 % for GW related GI issues.

    OVERALL FROM 90% TO 92% ???

    in Eligibility - Veterans Compensation Benefit Claims

    Posted

    The results will add up to oddball numbers, but if you are 90-94 you get paid at 90% level, if you get 95-99 you get paid at 100% level.  Your combined ratings are always rounded to nearest X0%.

    and the 92 doesnt matter for future ratings, etc. so i think where you are confused is that you are adding say (example) 50+30+10+10 (whatever it is) and get 92.34% and then taking 92% and inputting that in the calculator with 30% or whatever number to see if you will get 100%.

    That is not correct. when combining ratings it is not what the previous combined rating was + new % it is always added individually.

    So another example.

    lets say you had 50,30,20 % and that added up to 92%, and then you got another 30

    you would still be calculated on them individually at 50+30+30 +20.

    your old combined doesnt matter when getting a new rating, they all get added together again and whatever that is rounded to nearest 10,20,30,40,50,60,70,80,90,100 is what it is.

     

    thanks for the detail. Unfortunately, my back appeal is remanded and not completed at the same time as my PTSD. so I will need a new combination of 50/ 30+20 or another variation for 95 percent

    OVERALL FROM 90% TO 92% ???

    in Eligibility - Veterans Compensation Benefit Claims

    Posted · Edited by fmfdoc

    I have a question and I hope to explain myself clearly enough. I just won an appeal for increase of PTSD from 50 to 70 with effective date of 2011. sounds like backpay.

     so I was 90% percent before. does that make me 92% overall? I am trying for 100% and need to reach 95 so that 20 % bump might help... or does it? the second part of the appeal was my back and my back was "remanded" and hoping that is 30% or more... towards 100%

     any feedback will be appreciated.

     thanks,

     

     

    70% To 90%

    in Success Stories

    Posted

    Ah, the numbers game. You were at 70 plus 50% gives you half of 30 for 15 for a total of 85 rounded up to 90%. Congrates, well done.

    Now you need at least a 70% increase to get to 100% schedular. Isnt VA math great.

    I'm sitting at 72, rounded down to 70%. I need one 10 to get me to 2.8 rounded to 3 to get me 75 rounded up to get me 80%.

    Fun with math,

    Good job,

    Hamslice

    thanks, I thought I would need 50 to make 100.. again, this VA math is uncalled for!! :mellow:

    70% To 90%

    in Success Stories

    Posted

    fmfdoc:

    Wow..congrats..I have a claim in for Sleep Apnea or OSA as well and should know the outcome soon? Was you SA/OSA diagnosed and treated in service? rootbeer22

    it was connected to my SC MDD(PTSD)

    A LOT OF EXAMS! WHAT A HEADACHE!!

    Appeal Travel Board Healing In April 2015

    in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC

    Posted

    Are you represented by a VSO? Most VSOs have an DRO/BVA Appeals specialist available for local & DC hearings. Might want to get with a VSO at your VARO and have a set down to discuss your April Hearing. The decision to go it alone may or may not be prudent but that's what decisions are all about, right.

    For info only, how about a claims time-line or at the very least, how long it took for your BVA Trav Board to be scheduled. During your wait time have you supplied any N & M evidence? Any Sup-Stmt Of Case been received by you?

    Good Luck, may be appropriate.

    Semper Fi

    Gastone

    Are you represented by a VSO? Most VSOs have an DRO/BVA Appeals specialist available for local & DC hearings. Might want to get with a VSO at your VARO and have a set down to discuss your April Hearing. The decision to go it alone may or may not be prudent but that's what decisions are all about, right.

    For info only, how about a claims time-line or at the very least, how long it took for your BVA Trav Board to be scheduled. During your wait time have you supplied any N & M evidence? Any Sup-Stmt Of Case been received by you?

    Good Luck, may be appropriate.

    Semper Fi

    Gastone

    I think it took me about 8 months to get this date for the hearing. Im not sure what N&M evidence is? also, what do you mean by "Any Sup-Stmt Of Case been received"

    I'm trying to contact my VSO at the DAV but he is painfully slow

    Ibs Rating?

    in Entitlement - Veterans Compensation Benefits Claims

    Posted

    .3 Resolution of reasonable doubt.

    It is the defined and consistently applied policy of the Department of Veterans Affairs to administer the law under a broad interpretation, consistent, however, with the facts shown in every case. When after careful consideration of all procurable and assembled data, a reasonable doubt arises regarding the degree of disability such doubt will be resolved in favor of the claimant. See §3.102 of this chapter.

    [40 FR 42535, Sept. 15, 1975]

    yes I would think so!

    thanks. so in the event i am denied for IBS, do I appeal using the above reference?

    Ibs Rating?

    in Entitlement - Veterans Compensation Benefits Claims

    Posted

    I had a combination of a GW exam and C&P for my Scars, Sinus and intestinal conditions. The GW was the brief exam. Told the provider all the immunizations that I took, burning oil fields exposed to and nightmares and fatigue. at this point I'm not sure what to expect from the GW exam

    One item i want to point out is the Intestinal condition exam. she looked at the several Gastroenteritis treatments during and after service( to included a DX of Hemorroids during and after service). The provider made a comment that i "should receive disabiltity for my IBS" and it looks like the provider documented a dx of IBS. I also i noticed that in 2012 i was dx with Ulceration of the Terminal Ileum, which the provider also mentioned .

    In the remarks the provider stated that " Symptoms today are consistant with dx of IBS. I have encouraged veteran to discuss with his PCP

    IBS would be considered a medically unexplained chronic multisymtom illness of unknown or partially known etiology related to service in the gulf

    the provider also mentioned the dx with Ulceration of the Terminal Ileum that "at least as likely that not as a result of NSAIDS taken for service connected back pain. I do not think that this condition is contributing to current symptoms. He has not had a repeat colonoscopy"

    aside for getting better, does this dx of IBS lead to a rating for IBS? what about the dx of Ulceration of the Terminal Ileum that "at least as likely that not as a result of NSAIDS taken for service connected back pain.

    thoughts?

    C And P Exam Last Friday

    in Veterans Compensation & Pension Exams

    Posted · Edited by fmfdoc

    I had a combination of a GW exam and C&P for my Scars, Sinus and intestinal conditions. The GW was the brief exam. Told the provider all the immunizations that I took, burning oil fields exposed to and nightmares and fatigue. at this point I'm not sure what to expect from the GW exam

    One item i want to point out is the Intestinal condition exam. she looked at the several Gastroenteritis treatments during and after service( to included a DX of Hemorroids during and after service). The provider made a comment that i "should receive disabiltity for my IBS" and it looks like the provider documented a dx of IBS. I also i noticed that in 2012 i was dx with Ulceration of the Terminal Ileum, which the provider also mentioned .

    In the remarks the provider stated that " Symptoms today are consistant with dx of IBS. I have encouraged veteran to discuss with his PCP

    IBS would be considered a medically unexplained chronic multisymtom illness of unknown or partially known etiology related to service in the gulf

    the provider also mentioned the dx with Ulceration of the Terminal Ileum that "at least as likely that not as a result of NSAIDS taken for service connected back pain. I do not think that this condition is contributing to current symptoms. He has not had a repeat colonoscopy"

    aside for getting better, does this dx of IBS lead to a rating for IBS? what about the dx of Ulceration of the Terminal Ileum that "at least as likely that not as a result of NSAIDS taken for service connected back pain.

    thoughts?

    thanks

    Nexus Letter.

    in VA Disability Claims Research

    Posted

    had a visit with my MD concerning my Nexus Letter for SC PTSD/ MDD as a cause for my Sleep Apnea. My Provider is fine with my own edits towards his/her approval for my SC PTSD/ MDD as a cause for my Sleep Apnea. I asked my provider if she/he would agree that my Sleep Apnea is "due to" PTSD/MDD and He/she said YES.

    So, How can I word this letter so that it will benefit me as a end result?

    Nvlsp Common Va Errors For Increase

    in VA Claims Read First Pinned Topics

    Posted

    Has anyone applied the information from NVLSP (National Veterans Legal Service Program) and won a decision? I'm not sure if i really need to hire an attorney or just apply, say, trying for an increase for PTSD/MDD and applying section 4.7 of the 38 CFR. I have some symptoms for higher increase but was not granted that higher percentage. I have A but not B,C,D.E and F

    would it be best for me to send a NOD requesting a higher percentage based off of 38 CFR 4.7????

    I added the link with the PDF below.....

    http://www.purpleheart.org/ServiceProgram/Training2011/T-4%20%20VA%20Errors%20in%20Claims%20for%20Increase%203.2011.pdf

    Head Scars Not Awarded

    in Entitlement - Veterans Compensation Benefits Claims

    Posted

    thanks for the information..

    I also found this information and will bring it up during the exam

    A veteran whose scars were rated by VA under a prior version of diagnostic codes 7800, 7801, 7802, 7803, 7804, or 7805, as in effect before October 23, 2008, may request review under diagnostic codes 7800, 7801, 7802, 7804, and 7805, irrespective of whether his or her disability has worsened since the last review. VA will review that veteran’s disability rating to determine whether the veteran may be entitled to a higher disability rating under diagnostic codes 7800, 7801, 7802, 7804, and 7805. A request for review pursuant to this rulemaking will be treated as a claim for an increased rating for purposes of determining the effective date of an increased rating awarded as a result of such review; however, in no case will the award be effective before October 23, 2008.

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