Navy4life

Well it is finally my turn to be happy on here!!!  I have waited for a long time to get my VICTORY and I just got the call that I had been waiting for.  My other thread "Squeaky Wheel Gets Oiled..." has been on going and great thread I started about my journey.  The DRO just called me and told me what she was granting me.  Now I need to know about calculations of back pay???
May 2013 was my initial claim.  She granted me 80% as of May 2013, however, I have had three decisions during this time.
June 2014 - 40% (IBS 30%, Tinnitus 10%, Left ankle 10%, Anemia 0%)
November 2014 - 60% (IBS 30%, Tinnitus 10%, Left ankle 10%, PTSD/MST 30%, Eating Disorder 0%)
January 2016 - 70% (IBS 30%, Tinnitus 10%, Left ankle 10%, PTSD/MST 50%, Eating Disorder 0%, 0% left ankle scar)
She is also giving me 100% temp conv. rating from January to May 2016 for my right foot surgery
She is also giving me SMC-S for January to May 2016 - How much is that?  
My total rating as of September 2016 is 90%
I was granted the following back to May 2013 by the DRO today:
Right 5th Metatarsal Fracture - 20% (Moderate/Sever)
Morton's Nueroma Left Toe - 10%
Right ankle sprain - 10%
0% for additional scars to foot and toe
Increased to 10% for left ankle scar
bi-lateral she said I was given 4.8% to round me to 90% overall
So how do I calculate this LOL

I'm so happy for you! Congratulations! (again, lol) --- Thank you for not giving up!
Keep an eye on the bank account and mailbox. One typically will arrive before the other.
Additionally, double-check everything on the award letter. It is not unusual for the VA to give you really good news when you might have actually deserved really great news.

Berta;
I was stunned when I got the call yesterday. I couldn't believe I not only got all the contentions S/C I got it back to 2013!  Happy dance in my desk chair was going on and fist pumping the air!!!  
 

Berta;
I was stunned when I got the call yesterday. I couldn't believe I not only got all the contentions S/C I got it back to 2013!  Happy dance in my desk chair was going on and fist pumping the air!!!  
 

YOU DID??? ( I almost fainted when I got my first award.My daughter was 3 weeks away from going to Lackland ( USAF) and she and I read that letter many times because we could not believe they finally did something right and it only took 5 years at my RO- 5 #^*@ ing years.)
Accrued 100% P & T SC for PTSD posthumous.It could have been awarded in my husband's lifetime.
DONT DIE! Dead vets have gotten mail from the VA long after their demise.With response deadlines!
After he had been dead 23 years (last year) my husband got a letter from the VA with a 30 day deadline to reply.
I IRISed them ASAP asking how the heck can he reply because there are no PCs at the VA Cemetery where he is at and he needs an extension of the 30 days until we can figure out HOW a deceased veteran could respond.
Then Fox News did a story on many other widows whose vet husbands were getting letters from the VA.
One widow was interviewed on Fox and she was Very funny!She said she was pretty sure her husband was still dead.She said she double checked his death certificate and also said she watched them put his coffin in the ground.
VA called us all to apologize.The man from my RO who called me was very nice to me ,(but he was also busy screwing up my pending claim.)
Some of the best people I know work for the local VAMC.It hurts to know I sure can't say that about my RO.
Your "handle" here describes my RO perfectly- Inarticulate and distorted! I would be in a rubber room by now if I didnt have a sense of humor.
 
 
 
 
 

Flores;
I hope you feel better soon!  I won't get to 100% unless I have another 50-70% and that isn't happening for me.  I am very good with 90%.  I thought I would be 80% but I got 90% plus all the other stuff she did for me.  I am over the moon! 
I hope you get what you deserve!

Navy4life, congratulations, that is outstanding,  I commend you on not giving up!  I am also at 90%, just awarded 20% for fibromyalgia, 10% for gerd,  and I have a NOD in disputing lupus rating since I'm in and out of the hospital monthly with severe flares,  so hopefully 100% soon,  that's why I haven't been on forum as much but I have been feeling better so will be on alot more hopefully.  Congrats again!! 

UPDATE!!!  The DRO just called me and told me my ratings!!!  I am so thrilled!  I can't believe it!  She gave me 20% for the right foot metatarsal; 10% right ankle sprain; 10% Morton's Nueroma left toe; increased left ankle scar from 0% to 10%; 0% for right foot scar (not sure about that but...); gave me 100% temp conv for 5 months on my right foot; SMC-S for 5 months; 4.8% bi-lateral rating.
She granted me 80% back to 2013 and then 90% overall as of September 2016!!!
I just started another thread about back pay questions :)
I am so glad I got this accomplished!

Sorry Navy4life
I can't count that high!!!

Congratulations Navy4life
About time you got some good news!
I am happy for you.
Isn't a wonderful feeling to read that.
 

Navy4life
I hope you get high scar ratings but from what I read anything more than 10% is hard to get...they measure the scars and then if you have them reviewed (in your C&P)maybe a higher rated would be warranted...but please don't be to up set if the rating is not what you expect.
Its hard to tell  if your scars are sore to the touch  the way the Regs read  the 30 % 40% but I think they need to be of a certain size & width   cross fingers for ya!

oh ok
Well if john NOD  then the VA will probably send you for a another C&P.
 Study up on this and take yourself copies of these Regs to your Exam and present them to the examiner...you might ask John if your allowed to do that?
I BELIEVE YOU HAVE A SHOT AT THE 40/30%

Navy4life
check out this link  it maybe somewhat confusing but maybe it will give you a better insight to your questions.
check out the painful &unstable scars closer to the bottom code 7804
http://www.militarydisabilitymadeeasy.com/scars.html

I think I remember reading some where in CFR Scars is a 10% rating that meet the criteria  over inch long & could be rated more id sore to the touch? I'm not sure
read this  and the 38.3.400
DATES: Effective Date: This amendment is effective October 23, 2008. Applicability Date: This amendment shall apply to all applications for benefits received by VA on or after October 23, 2008. A veteran whom VA rated before such date under diagnostic codes 7800, 7801, 7802, 7803, 7804, or 7805 of 38 CFR 4.118 may request review under these clarified criteria, irrespective of whether his or her disability has worsened since the last review. The effective date of any award, or any increase in disability compensation, based on this amendment will not be earlier than the effective date of this rule, but will otherwise be assigned under the current regulations regarding effective dates, 38 CFR 3.400, etc.

Roger that Navy4life  You did a well prepared Job on your part!
other veteran should learn from this.

Just to clarify there weren't any errors in my informal hearing.  The errors that i received were in the decision/SOC because the DRO made the egregious error by refuting my medical opinion (Nexus Letter) I submitted from my VA Podiatrist.  A DRO can not refute a medical opinion because he is not a medical expert.  The DRO unfairly adjudicated the issues per the VA requirements of CFR 3.102, reasonable doubt, has not adequately applied CVA precedent opinion Moore V. Derwinski, relative equipoise was not adequately addressed and the doctor's highly probative IMO was not reconciled by the CP exam refuting opinions.  Possibly the most egregious error by the DRO, is that the DRO denied based on the DRO's own "non-medical" opinion.  The DRO is not qualified to refute an IMO opinion of the doctor's stature.
That was the basis for the new DRO over turning my decision.  She told me that she was not sure why the other DRO denied me because the Nexus Letter was one of the best she had seen.  

That's really great news! Awesome!

Just to clarify there weren't any errors in my informal hearing.  The errors that i received were in the decision/SOC because the DRO made the egregious error by refuting my medical opinion (Nexus Letter) I submitted from my VA Podiatrist.  A DRO can not refute a medical opinion because he is not a medical expert.  The DRO unfairly adjudicated the issues per the VA requirements of CFR 3.102, reasonable doubt, has not adequately applied CVA precedent opinion Moore V. Derwinski, relative equipoise was not adequately addressed and the doctor's highly probative IMO was not reconciled by the CP exam refuting opinions.  Possibly the most egregious error by the DRO, is that the DRO denied based on the DRO's own "non-medical" opinion.  The DRO is not qualified to refute an IMO opinion of the doctor's stature.
That was the basis for the new DRO over turning my decision.  She told me that she was not sure why the other DRO denied me because the Nexus Letter was one of the best she had seen.  

So on Monday I had my C&P exams for my feet/ankles/toe and scars.  I think it went rather well and the doctor was thorough.  These C&P exams were ordered on September 8th, 2016 by the DRO in WACO after she over turned the other DRO's decision.  She ordered the C&P exams so I could get a proper rating on my contentions.  She over turned the DRO's decision due to his egregious errors in my decision that I brought to the attention of Mr. Robert McDonald's office and my local Congressman.  After getting the representative from McDonald's office to contact me and then to get the WACO office to contact me, I sit here today awaiting the decision I should have had years ago.  I am grateful the new DRO reviewed the decision that the previous DRO made and over turned it.  The DRO that made the egregious errors in my decision has apparently done this to other Veterans.  I hope they investigate this DRO.  I am thankful I did not have to go another 2-4 years to the BVA to appeal a decision due to the egregious errors by one DRO.  I am grateful the new DRO assigned saw the egregious error and reversed the decision at the RO level.
I did talk to the DRO on Wednesday and she said she received the scar C&P exam but not yet received the Foot/Ankle/Toe C&P exam.  She said it shouldn't be too long and then she can rate me.  I am so anxious right now!

Great news,  Navy4life, good job and Best of Luck on your new rating! 

I am not sure on that Navy4life...When they ask for a DRO Hearing they can request DRO by name.
I can't find any CFR Regs on it that they can't? ..it only says  after a NOD Request for a DRO Hearing  the veteran will be notified if the requst was granted and given a date/time
So what would it hurt  all they can say is no or DRO's are given a case as they come in at random. '' Luck of the draw some say''
Now of course you could be very well correct   this is just my Ideal. crazy one but hell it might workout...
I know if I appeal and ask for DRO Hearing  If I got the one you mention that all those errors in your hearing  I would just stand up walk out before the hearing.

So on Monday I had my C&P exams for my feet/ankles/toe and scars.  I think it went rather well and the doctor was thorough.  These C&P exams were ordered on September 8th, 2016 by the DRO in WACO after she over turned the other DRO's decision.  She ordered the C&P exams so I could get a proper rating on my contentions.  She over turned the DRO's decision due to his egregious errors in my decision that I brought to the attention of Mr. Robert McDonald's office and my local Congressman.  After getting the representative from McDonald's office to contact me and then to get the WACO office to contact me, I sit here today awaiting the decision I should have had years ago.  I am grateful the new DRO reviewed the decision that the previous DRO made and over turned it.  The DRO that made the egregious errors in my decision has apparently done this to other Veterans.  I hope they investigate this DRO.  I am thankful I did not have to go another 2-4 years to the BVA to appeal a decision due to the egregious errors by one DRO.  I am grateful the new DRO assigned saw the egregious error and reversed the decision at the RO level.
I did talk to the DRO on Wednesday and she said she received the scar C&P exam but not yet received the Foot/Ankle/Toe C&P exam.  She said it shouldn't be too long and then she can rate me.  I am so anxious right now!

Thats great news Navy4life
Did you get the name of the DRO that overturn everything? Some veterans may request her ( if they can request) when they NOD  but if they can't  Well it sure don't hurt to ask/request.
That first DRO lets hope he is out of there! serves him right

Navy4life
you don't want them to rate these separate  if they do its a 0% rating for both.
but combined the two  the rating is a 20% rating
here is a old BVP Docket I found from 2003 forward  on a male veteran with the same contentions, read this case and it will give you a better insight.
scroll down to'' finding of facts'' read his denial & Reason & Bases and keep reading  how he was awarded 20%for these two by reason of doubt goes to the veteran.
This was from St Petersburg Fl.  R.O.
Hey 20% will add up
http://www.va.gov/vetapp09/files4/0933022.txt
Buck

Ok.  Here is the deal.  As you know, you have to have 3 things for SC:  Current diagnosis, in service event or aggravation, and nexus.  
Once service connected, secondary conditions need only be documented that they are at least as likely as not related to a SC condition.  In other words, when a condition is secondary you still need a current diagnosis, and you still need a nexus linking this to a SC condition, but you dont need to repeat an inservice event, since that is already established. 
After you meet the Caluza big 3, the VA rates you on SYMPTOMS.   You posted:
"pruritus ani is a symptom of the chronic diarrhea/IBS"
I think you are confusing a diagnosis with symptoms.  The doc makes a diagnosis, you meet the Big 3 (hopefully), and get service connected.  Then, the VA determines a disabilty percentage based on symptoms, such as pain, frequent trips to the bathroom, itchy anus, ( pruritus ani  ) etc.  
You dont need a "nexus" for symptoms, you need the nexus for the current diagnosis.  I dont think you will get a seperate rating for pruritus ani  as this is a symptom, not a diagnosis, according to your post.  
 
I dont know if the anal fissure will be rated seperately or not, but, you only get paid for ONE set of symptoms.  For example, if you get compensated for the diagnosis of "chronic diarrhea/IBS" for the symptom of "itchy anus", then you wont get paid AGAIN for the symptom of "itchy anus" related to anal fissure.  
We see that a lot with mental disorders.  Lets say you have depression, bipolar, PTSD.  (diagnosis).  Lets say you have a symptom of "can not get along with others".   You only get paid for that symptom ONCE, not TWICE.  
Hope this helps.